Neck / cervical spine decisions — 2017

The Board found that the Veteran's claimed neck and low back disabilities are not related to his military service, as there is no evidence of chronic conditions within one year post-service. The VA examiner concluded that any current degenerative joint disease in these areas is more likely due to normal aging.

The Veteran's combined service-connected disabilities meet the criteria for a TDIU, as his PTSD and cervical strain with degenerative disc and joint disease prevent him from engaging in any type of substantially gainful employment.

The Board found that the Veteran's cervical spine disability did not originate in service or until years after separation, and was not caused by his service. The weight of evidence is against a finding that the Veteran's current disability began during active duty.

The Board has granted an effective date of September 23, 2002 for the award of a 10 percent rating for right upper extremity radiculopathy associated with the Veteran's cervical spine disability.

The Veteran's service-connected disabilities render him in need of regular aid and attendance, necessitating the grant of SMC at the aid and attendance rate.

The Veteran's cervical spine disorder, diagnosed as cervical strain and degenerative disc disease, is found to be incurred during military service.

The Veteran has withdrawn his appeal of the issues of nonservice-connected pension benefits and special monthly pension by reason of being in need of regular aid and attendance or on account of being housebound. The Board is dismissing these claims.

The Board denied the Veteran's claims for service connection for a cervical spine disability and paresthesias of the bilateral upper extremities, as well as his claim for an increased rating for lumbar spine degenerative joint disease. The Veteran appealed these decisions to the U.S. Court of Appeals for Veterans Claims (Court), which remanded them back to the Board.

The Veteran's appeal has been dismissed due to his withdrawal of all issues on appeal prior to the Board's decision.

The Board has remanded the case for additional development, including obtaining updated VA medical records and scheduling a VA examination to address the severity of the Veteran's right knee disabilities. The issues include service connection for a cervical spine disability, increased ratings for right knee instability and arthritis, and individual unemployability.

The Veteran's cervical spine torticollis, degenerative joint and disc disease with myelopathy is not manifested by unfavorable ankylosis of the entire cervical spine or bed rest prescribed by a physician and treatment by a physician. Therefore, he does not meet the criteria for a higher rating.

The Veteran's low back disability has been rated as 40 percent disabling since October 22, 2014. Prior to that date, the disability was rated as 20 percent disabling.,For the period prior to October 22, 2014, there is no evidence of radiculopathy in either lower extremity at least mild in nature. Beginning October 22, 2014, the Veteran's right lower extremity radiculopathy has been rated as 20 percent disabling and his left lower extremity radiculopathy has not met criteria for a separate rating.,For the period prior to October 22, 2014, there is no evidence of cervical spine disability at least mild in nature. Beginning October 22, 2014, the Veteran's intervertebral disc syndrome with C5-C7 cervical degenerative disc disease and radiculopathy has been rated as 30 percent disabling.,For the period prior to March 24, 2011, there is no evidence of right upper extremity radiculopathy at least mild in nature. Beginning March 24, 2011, the Veteran's right upper extremity radiculopathy has been rated as 20 percent disabling.,For the period prior to October 22, 2014, there is no evidence of left upper extremity radiculopathy at least mild in nature. Beginning October 22, 2014, the Veteran's left upper extremity radiculopathy has been rated as 20 percent disabling.,For the period prior to October 22, 2014, there is no evidence of bilateral plantar fasciitis with left foot pes planus and right foot pes cavus at least mild in nature. Beginning October 22, 2014, the Veteran's bilateral plantar fasciitis has been rated as 50 percent disabling.,The Veteran's hypertension is not manifested by diastolic pressure that is predominately 100 or more; or systolic pressure predominately 160 or more; or a history of diastolic pressure predominately 100 or more and continuous medication for control.

The Board finds that the Veteran's cervical spine disability is service connected as it had its onset in service and there is a continuity of symptomatology since service.

The Veteran's appeal is currently pending and requires further examination to determine the relationship between his current TBI residuals and neck disability with service. The case will be remanded for additional development.

The Board found that the Veteran's current back and neck disabilities are not related to service, specifically a motorcycle accident in October 1986. The disability was determined to be unrelated to any event, injury or disease during service.

The Board has denied the Veteran's claims for service connection for residuals of head trauma (back of head, face, and right orbit), facial scars, neck disability, and low back disability. The evidence does not support a finding that these conditions are related to service.

The Board has reopened the Veteran's claims for service connection for a cervical spine disability and hypertension, finding new and material evidence. Service connection is granted for these conditions.,Service connection is also granted for the Veteran's cervical spine disability and hypertension.

The Veteran's claims for increased rating, service connection for cervical and thoracic spine arthritis, and hypertension were denied. The Board found that the Veteran did not meet the criteria for an increased rating for his lumbar spine disability or service connection for cervical and thoracic spine disabilities. Service connection for hypertension was also denied as it was not incurred in service and is not secondary to a service-connected condition.

The Board has granted a 10 percent rating for Frey's syndrome associated with residuals of tuberculosis of the cervical lymph nodes, which is more than the current non-compensable rating. The Veteran’s symptoms are currently considered moderate in severity and do not meet the criteria for a higher rating.

The Board has determined that the Veteran's neck disability, including cervical degenerative disc disease (DDD), is not related to service or a disease/injury of service origin. The claim for service connection is therefore denied.