Neck / cervical spine decisions — 2017

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional development, including obtaining outstanding VA treatment records and Social Security Administration (SSA) records.

The Veteran's appeal is being remanded for further development to determine if his service-connected disabilities render him unable to secure and follow a substantially gainful occupation.

The Veteran seeks earlier effective dates for the establishment of service connection for various conditions, but these claims are denied as no new and material evidence was received within the appeal period.,The Veteran also seeks an earlier effective date for erectile dysfunction (ED), but this claim is denied as there was no pending claim or new and material evidence received prior to September 3, 2010.

The Veteran's appeal was denied for various service connection claims, including those related to psychiatric disorders, hearing loss, arthritis, and dental conditions. The Board also remanded several issues for further development.

The Veteran's claim for a higher rating of her cervical spine disability was granted, with a rating of 30 percent effective from January 25, 2017.

The Veteran's service-connected disabilities render him unable to care for himself and requires the regular aid and attendance of another person, resulting in a grant of SMC based on need for regular aid and attendance.

The Board has determined that the Veteran's left shoulder osteoarthritis is related to an injury sustained during active service, and thus grants service connection for this condition.

The Veteran's current neck disability, including arthritis, is considered to have started during his military service and has continued since. The Board finds that the evidence supports a finding of service connection for this condition.

The Veteran's claims for effective dates earlier than September 19, 1996 and March 5, 2012 for service connection of his cervical spine disability and upper extremity radiculopathy have been granted. Effective from these dates, the Veteran is entitled to a 10% rating for each condition.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining a VA examination to address whether her right shoulder and cervical spine disorders are related to service or caused by her service-connected TMJS.

The Veteran's appeal is being remanded for additional development, including obtaining updated medical records and scheduling a VA examination of the cervical spine disability.

The Veteran's claim for bilateral hearing loss was denied as his current disability does not meet the criteria set forth in VA regulations. The Board found that his right shoulder and cervical spine disabilities were rated appropriately, but noted that his lumbar spine disability did not warrant a rating higher than 40 percent.

The Veteran's cervical spine disability is granted as service-connected. The appeal for a compensable rating for left upper extremity radial nerve palsy was dismissed.

The Veteran's claims for service connection for gastroenteritis, pelvic pain, uterine fibroids, cervical dysplasia, cervical squamous cells, and a left ovarian cyst have been denied as there is no current evidence of these conditions during the appeal period.

The Board has determined that the Veteran's current cervical and lumbar spine disabilities are not related to his service, as there is no evidence of a nexus between his in-service injuries and his current conditions.

The Board denied entitlement to higher ratings for the Veteran's low back and cervical spine disabilities on an extraschedular basis.

The Board has denied the Veteran's claims for service connection for residuals of a bilateral finger injury, neck disability, and bilateral shoulder disability. The Veteran was not diagnosed with any of these conditions during or after his military service.

The Board denied the Veteran's claims for higher initial disability ratings for multiple service-connected disabilities, finding that the evidence did not meet the criteria for increased ratings under applicable VA rating criteria.

The Veteran's claims for increased ratings and initial ratings were denied. The lumbar spine disability was rated as 40 percent prior to May 20, 2010, and from September 1, 2010 onwards. The cervical spine disability was rated based on radiculopathy of the upper and lower extremities. Urinary frequency was rated as 40 percent prior to December 7, 2016, and scar was not compensable.

The Board has granted service connection for tinnitus, left and right knee conditions, left and right hip conditions, a cervical spine condition, arthritis of multiple joints, and an initial rating in excess of 40 percent for the lumbar spine disability. The Veteran's claim for TDIU is denied.