Neck / cervical spine decisions — 2017

The Board found that the Veteran's current disabilities of bilateral hearing loss, tinnitus, thoracolumbar strain, cervical spine disability, and right leg sciatica are not related to his military service. The evidence did not establish a direct link between these conditions and his active duty.

The Veteran withdrew their appeal regarding the increased evaluations for lumbar and cervical spine disabilities.

The Veteran's appeal is being remanded to obtain additional medical opinions and to ensure all relevant records are associated with the claims file.

The Veteran's cervical spine disability resulted in moderate incomplete paralysis of the right upper radicular group and severe incomplete paralysis of the right upper radicular group from April 7, 2015. The left upper radicular group also experienced moderate incomplete paralysis during this period. For the entire appeal period, his right knee patellofemoral syndrome with arthritis was rated at 40 percent, while his left knee patellofemoral syndrome with arthritis was rated at 30 percent. His left eye corneal scar with single dot retinal hemorrhage superimposed on refractive error with presbyopia received a separate 10 percent rating.

The Board has decided to remand the case for further development, including obtaining private treatment records and scheduling a VA examination.

The Board found that the Veteran's neck, back, right knee and left knee disabilities did not have a direct relationship to his military service. The VA examiners could not establish chronicity of these conditions from service.

The Veteran's cervical spine surgery residuals did not necessitate additional convalescence after April 1, 2010. The Board finds the Veteran's contentions outweighed by medical evidence.

The Board has granted service connection for thoracic and lumbar strain, claimed as middle and lower back disorder. The cervical strain and bilateral ankle strain claims have been denied.

The Board has remanded the case for additional development, including obtaining an addendum opinion assessing the impact of the Veteran's service-connected disabilities on his employability. The TDIU claim will be reconsidered based on this new information.

The Veteran has withdrawn his claims for increased ratings for lumbosacral strain with radiation to the left thigh and cervical spine degenerative joint disease with left trapezius strain, and therefore these issues are dismissed.

The Board has determined that additional development is necessary regarding the Veteran's claims of entitlement to increased disability ratings for right knee and right hand disabilities, as well as service connection for a left knee disability. The Veteran will be provided with adequate notice at his current address of record and scheduled for VA examinations.

The Veteran's left and right ankle degenerative arthritis are currently rated at 20 percent each, which is the maximum rating available under VA regulations.,The Veteran's cervical spine degenerative arthritis is currently rated at 20 percent, which is the maximum rating available under VA regulations.,The Veteran's lumbar spine degenerative arthritis is currently rated at 10 percent, which is the maximum rating available under VA regulations.,The Veteran's left knee degenerative arthritis and ligament instability are both currently rated at 10 percent each, with a separate 20 percent rating for ligament instability of the right knee prior to May 2, 2017, and higher than 20 percent from that date.,There is no specific service connection theory provided in this decision.

The Veteran's lumbar spine disability is rated at 40 percent, effective from the date of his claim. The Board has determined that a higher rating is not warranted based on the evidence of record.

The Veteran's TDIU claim is dismissed as moot due to the grant of SMC based on his 100% schedular rating for schizophrenia and additional disabilities rated at 60% or more. For the period prior to January 31, 2007, the criteria for a TDIU are not met.

The Board has remanded the case for additional development, including obtaining medical records and conducting a supplemental examination to determine if the Veteran's neck disability is related to his fall during service.

The Veteran's right lower extremity radiculopathy was granted effective from April 4, 2014. The claim for service connection is now considered substantiated.

The Board has denied the Veteran's claims for service connection for cervical spine condition, thoracolumbar spine condition, numbness of the face, numbness of the arms and hands, and numbness of the right leg (meralgia paraesthetica) as there is no evidence showing these conditions had their onset during or are related to active service.

The Veteran's cervical spine disability is rated as 20 percent disabling, and his hyperthyroidism is rated as 10 percent disabling. The Board found that the current ratings adequately reflect the severity of these conditions.

The Board has determined that the Veteran's cervical spine disability is not related to her military service and therefore denied her claim for service connection.

The Board has determined that the Veteran's degenerative arthritis of the cervical spine is attributable to service, resolving all reasonable doubt in favor of the Veteran.