Neck / cervical spine decisions — 2017

The Veteran's claims for service connection and increased ratings were denied. The effective date of the award of service connection for bilateral upper extremity radiculopathy was set at June 22, 2006.

The Board has determined that the Veteran's claimed conditions, including left knee disability, lumbar spine disability, cervical spine disability, and headaches, were not incurred or aggravated by service. The claims for these conditions have been denied.

The Board has ordered a new VA examination to determine if the Veteran's current cervical and lumbar spine disabilities are related to service, specifically an incident in November or December 1968 when he dove into a closed hatch and fell down stairs while serving on board the U.S.S. Ranger.

The Veteran's cervical spine disability is currently rated at 20 percent, reflecting limitation of motion to 30 degrees in flexion and extension. The Board finds that this rating adequately reflects the severity of his condition.

The Board denied service connection for a right upper extremity disability, finding that the Veteran's current RUE disability was not incurred or aggravated during his period of active service and is not causally related to or aggravated by his service-connected left upper extremity disabilities.

The Veteran's service connection claim for bilateral tinnitus was granted. The remaining issues are addressed in the REMAND portion of this decision.

The Board has determined that the Veteran's current diagnoses of left shoulder, lumbar spine, and cervical spine musculoskeletal disabilities are not related to his service or the service-connected disabilities. The evidence does not support a finding of a nexus between these conditions and the in-service injuries.

The Board found that the Veteran's claimed respiratory, knee, headache, eye trauma, and neck disabilities were not incurred or aggravated during his active military service. The evidence did not support a finding of service connection for any of these conditions.

The Veteran's service-connected psychiatric disability has not manifested in symptoms of such severity as to solely result in, or have the capacity to result in occupational and social impairment with reduced reliability and productivity. Therefore, a higher initial disability rating than 30 percent is not warranted.

The Veteran's claim for a cervical spine disability was denied as there is no current diagnosis of such. The claims for left foot fungus, bilateral hearing loss, and onychomycosis of the left great toe were not reopened due to lack of new and material evidence.

The Veteran's claim for service connection for CAD is granted. The other issues are dismissed as the Veteran withdrew his appeal.

The Veteran's appeal was denied as the evidence did not support a higher rating for PTSD, and service connection was not established for TBI residuals, Vestibular Disorder (Vertigo), or Cervical Spine Disability.

The Veteran's service-connected disabilities do not render him unable to obtain or maintain substantially gainful employment.

The Veteran's PTSD with depressive disorder is rated at 30 percent, reflecting occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform tasks.

The Veteran's appeal is being remanded for additional development, including obtaining updated treatment records and providing an addendum opinion from a VA examiner regarding the etiology of his cervical spine condition. The claims for increased ratings of multiple sclerosis, acquired psychiatric condition, TDIU, and SMC are also pending.

The Veteran's cervical strain disability is rated at 30% under the applicable schedular criteria, and an extraschedular rating is not warranted.,VA medical records indicate that the Veteran's service-connected disabilities do not prevent him from obtaining and retaining substantially gainful employment.

The Veteran's migraine headaches have been rated at a 30 percent disability rating since October 2010, based on the frequency and severity of his prostrating attacks.

The Veteran's additional disability is not service-connected as it was caused by VA carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault.

The Board has granted service connection for the Veteran's cervical spine disability, but her claims for low back and bilateral hip disabilities are remanded due to incomplete records.

The Board found that the Veteran's current cervical spine disorder, including arthritis and degenerative disc disease, is not related to service. The claim for service connection was denied.