Neck / cervical spine decisions — 2017

The Board denied service connection for lumbar and cervical spine disabilities, finding that the Veteran's conditions did not manifest within one year of his separation from service and were not related to service.

The Veteran's appeal was denied for service connection claims related to his acquired psychiatric disorder, low back disorder, bilateral knee disability, and bilateral foot disability. His cervical spine and right thumb disabilities were evaluated as noncompensable throughout the appeal period.

The Board denied the Veteran's claim to reopen his previously denied claim for service connection for degenerative joint disease and degenerative disc disease with spinal stenosis of the cervical spine due to a lack of timely Substantive Appeal. The Board also found that there is sufficient evidence to support the grant of service connection for herniated nucleus pulposus of the lumbosacral spine with left lower extremity radiculopathy and right knee strain.

The Veteran's appeal is being remanded for additional development, including scheduling VA examinations to address the nature and etiology of any diagnosed cervical spine disorder and PTSD. The TDIU issue is also inextricably intertwined with these claims.

The Veteran's appeal is being remanded for further development, including a new VA examination to assess his left lower extremity radiculopathy and cervical spine condition. The claims will be readjudicated after the additional development.

The Board has remanded the case due to scheduling issues and will schedule a hearing for the Veteran.

The Board denied the Veteran's claim for service connection for a chronic cervical spine disability, including C-7 burst fracture residuals and quadriplegia. The most persuasive medical opinion evidence does not support a link between the June 7, 1988 injury during service and the current disability.

The Board has determined that new and material evidence has been submitted to reopen several service connection claims, but the evidence is not sufficient to establish service connection for all of the conditions listed.

The Board denied the Veteran's claims for service connection for CAD, hypertension, neck disability, back disability, and residuals of a head injury due to lack of evidence linking these conditions to his military service or any presumptive exposure.

The Veteran's right shoulder disability is found to be secondary to his service-connected cervical spine disability, and thus service connection for the right shoulder disability is granted.

The Board has remanded the Veteran's claims due to inadequate medical opinions regarding his cervical spine and right knee disabilities. The case is now pending for further development.

The Board has remanded the case due to insufficient evidence regarding the Veteran's service connection claim for a cervical spine disability. The appeal is being returned to the AOJ for further development, including obtaining medical records and confirming the Veteran's military duty status.

The Board has determined that the Veteran's claimed low back, left shoulder, right shoulder, and neck disabilities are not related to service. The sleep apnea is also not related to service or a service-connected disability.

The Veteran's service-connected disabilities, including depression, intervertebral disc syndrome of the cervical spine, migraines, and other conditions, have rendered him in need of aid and attendance. He is therefore granted special monthly compensation based on a demonstrated need for such assistance.

The Veteran is currently service connected for multiple disabilities, including major depressive disorder, degenerative arthritis of the thoracolumbar and cervical spine, radiculopathy of the right upper and lower extremities, and tinnitus. His current combined rating is 80 percent. The Board finds that he meets the criteria for a TDIU due to his service-connected disabilities.

The Veteran's service-connected disabilities are of such nature and severity as to prevent him from securing or following substantially gainful employment, with the exception that he met the percentage requirements for a TDIU on March 12, 2009. The Board finds that his claim for an extra-schedular TDIU prior to March 12, 2009 is remanded.

The Veteran's claims for increased ratings for his neck and psychiatric disabilities were denied. The Board found that the evidence did not meet the criteria for a higher disability rating at any point during the period on appeal.

The Veteran's mood disorder is found to be proximately due to or the result of service-connected disease or injury, and thus granted.

The Veteran's cervical spine disability is found to have its onset in service or be otherwise etiologically related to his active service, and the Board grants service connection for this condition.

The Veteran's degenerative joint disease, cervical spine was rated at 20 percent prior to March 24, 2016. Effective March 24, 2016, the rating for this condition has been increased to 30 percent.