Neck / cervical spine decisions — 2017

The Board granted service connection for major depressive disorder, which is considered a full grant of the benefits sought on appeal regarding PTSD. The other issues were not addressed as they are no longer in dispute due to the grant of service connection.

The Board has granted the reopening of claims for service connection for right and left knee disorders, but denied these claims on the merits.

The Veteran's claim for increased ratings for cervical spine disability and left upper extremity neuropathy was denied. The Veteran's cervical spine disability is currently rated at 20 percent prior to May 17, 2016, and 30 percent thereafter under the General Rating Formula for Diseases and Injuries of the Spine.

The Veteran is seeking service connection for a cervical spine disability that he claims is secondary to his service-connected lumbar paravertebral muscle spasm. The Board has determined that additional development, including an examination and opinion regarding the etiology of the cervical spine disability, is necessary.

The Veteran's cervical spine disability, nerve condition in the left arm to include in the left wrist, bilateral shoulder disability, and bilateral knee disability were not incurred or aggravated by service.

The Board has determined that the Veteran's kidney stones, bilateral knee disability, neck disability, and low back disability are not service-connected as they do not have a direct link to his military service.

The Board has determined that the Veteran's lumbar and cervical spine disabilities are service-connected, with the weight of evidence being at least in relative equipoise for both conditions.

The Board has granted service connection for right wrist arthritis and denied service connection for residuals of a human bite to the right hand/wrist, including HIV, as well as left shoulder disorder. The cervical spine disorder claim is not before the Board.

The Board has found that the Veteran's service-connected pes planus caused his current arthritis in his ankles, knees, right hip, and low back. The neck disability is not considered secondary to the service-connected pes planus.

The Veteran's claim for TDIU is granted as he is unable to secure and maintain substantially gainful employment due to his service-connected disabilities.

The Veteran's migraine headaches are rated at 50 percent effective February 4, 2015. The cervical spine disability is rated at 50 percent effective that date.

The Veteran's cervical spine disability and anxiety disorder are being remanded for additional development to determine if they are related to his military service or service-connected disabilities.

The Board has remanded the case due to a failure to issue a supplemental statement of the case (SSOC) with respect to the Veteran's claim for a rating in excess of 30 percent for status post supracervical total abdominal hysterectomy. The SSOC must consider all evidence associated with the record since the December 2014 statement of the case.

The Board has determined that the Veteran's right leg, low back, and cervical spine disabilities are not service-connected as they were not caused or aggravated by an in-service disease or injury.

The Veteran's cervical spine degenerative disc disease is granted service connection. The status of his left shoulder condition remains pending as the Board has not determined whether it is caused or aggravated by his cervical spine disability.

The Board found that the Veteran did not have a cervical spine disability during service or within one year of discharge, and that it is less likely than not related to his service-connected lumbar spine disability.

The Veteran's TDIU claim is being remanded for additional development, including referral to VA's Chief Benefits Director or the Director of VA's Compensation Service for a determination as to his entitlement to an extra-schedular TDIU.

The Board has determined that additional development is necessary before a final decision can be made on the Veteran's claims for service connection for cervical spine and bilateral hip disorders.

The Board has remanded the case for additional development due to incomplete records and an inadequate medical opinion. The Veteran's claims of service connection for a cervical spine disorder and left hand disorder, claimed as secondary to a cervical spine disorder, are now before the Board again.

The Veteran's hypertension, migraines, and other service-connected disabilities do not meet the criteria for a compensable rating or extraschedular evaluation. The Board denied his claim of entitlement to TDIU prior to September 10, 2010.