Neck / cervical spine decisions — 2017

The Board has decided to remand the case for further development due to incomplete medical records and need for an addendum opinion from a VA examiner.

The Board granted service connection for an acquired psychiatric disorder, including persistent depressive disorder and anxiety disorder. The Veteran's tinea versicolor was rated at a 10 percent disability rating effective November 1, 2010.

The Board found that the Veteran's lumbar spine and cervical spine disabilities are not related to his military service, and thus denied service connection for these conditions.,Secondary service connection was also denied as there is no evidence of a direct relationship between the Veteran's service-connected right knee disability or left shoulder disability and his current spinal conditions.

The Board finds that the Veteran's service-connected disabilities prevent him from obtaining and maintaining substantially gainful employment for the entire period on appeal.

The Board has remanded the Veteran's claims due to outstanding records and additional development is needed.

The Veteran's appeal has been withdrawn, and the issues of service connection for lumbar degenerative disc disease and cervical intervertebral disc degeneration have been dismissed.

The Veteran is found to be in need of regular aid and attendance due to service-connected disabilities, but not housebound. Special monthly compensation based on the need for aid and attendance is granted.

The Board has determined that the Veteran's cancer of the larynx is etiologically related to his in-service exposure to ionizing radiation, and thus service connection for this condition is granted. The cervical spine disorder claim remains pending as a new VA examination is needed.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional development, including obtaining medical records and scheduling VA examinations.

The Board has reopened the Veteran's claims for service connection for lumbar scoliosis, depression, left thumb disorder, right knee disorder, left knee disorder, cervical spine disorder, gastritis, GERD, and hiatal hernia. The decision is granted as new and material evidence has been received.

The Board has granted service connection for the diagnosed disorders of cervical spine arthritis and myelopathy, finding that the evidence is at least evenly balanced as to whether the Veteran's cervical spine disability is related to his in-service injury. The reasonable doubt created by this relative equipoise must be resolved in favor of the Veteran.

The Veteran's appeal is remanded for additional development, including obtaining updated treatment records and providing a medical opinion on the severity of her service-connected disabilities.

The Veteran's claims for increased ratings and effective dates were denied. The hearing loss is rated as zero percent, the right arm and shoulder injury as 20 percent, and cervical spine degenerative changes as 10 percent. No higher ratings are warranted.

The Board found that the Veteran's lumbar spine disability is currently rated as 10 percent disabling under Diagnostic Code 5237, and denied an increased rating greater than 10 percent.

The Veteran's claims for increased ratings were denied as the evidence of record was not sufficient to reach a decision on the issue, and his failure to report for necessary VA examinations precluded further evaluation.

The Veteran's appeal is being remanded for additional examinations and development to determine the severity of his service-connected cervical spine spondylosis, lumbar spine degenerative joint disease, bilateral shoulder disorder (claimed as Degenerative Joint Disease), bilateral knee disorder (claimed as Degenerative Joint Disease), bilateral plantar fasciitis, and bilateral hearing loss. The Veteran also needs a new examination to determine the etiology of his claimed disabilities.

The Veteran's service-connected anxiety disorder, depression with adjustment disorder is found to be secondary to his service-connected cervical degenerative disc disease. The Board also granted a TDIU rating based on the Veteran's service-connected disabilities.

The Board has determined that the Veteran's claims for increased ratings for right shoulder disability and cervical spine disability are denied as there is no evidence of more severe limitation of motion or other compensable factors.

The Veteran's back and neck disabilities have been granted service connection, with a rating of 10 percent effective December 14, 2009.

The Veteran's appeal is being remanded for additional development, including obtaining private treatment records and issuing a statement of the case on several issues.