Neck / cervical spine decisions — 2017

The Veteran's thoracic and cervical spine disabilities have not been found to warrant a higher rating under the applicable VA rating criteria.

The Veteran's cervical spine disability was rated at 30 percent prior to February 16, 2011 and increased to 40 percent from February 16, 2011 through February 19, 2013. The Board found that the criteria for a higher rating were met.

The Veteran seeks service connection for various disabilities, including a cervical spine disability, right shoulder disability, bilateral hip disability, low back disability, and residuals of a head injury. The appeal is being remanded to obtain additional medical records and information regarding the Veteran's post-service employment in Iraq.

The Board has remanded the case for further development, including obtaining additional medical records and scheduling a VA examination to assess the etiology of the Veteran's neck and low back disabilities.

The Board found that the Veteran's cervical spine disability was not incurred in service and is not otherwise related to service. The claim for service connection was denied.

The Board found that the Veteran's cervical spine disability is not related to his military service and denied his claim for service connection.

The Veteran's claims for increased ratings and effective dates have been withdrawn.,An effective date of June 3, 1972, but no earlier, has been granted for the grant of service connection for migraine headaches, a dizziness / balance disorder, and tinnitus.

The Veteran's claims for increased ratings and service connection are being remanded as new VA examinations are needed to evaluate the severity of his knee conditions and determine if they are secondary to a service-connected disability.,The Veteran's claims for increased ratings and service connection are being remanded as new VA examinations are needed to evaluate the severity of his right knee condition and determine if it is secondary to a service-connected disability.,The Veteran's claim for service connection for a low back disability, to include as secondary to service-connected residuals of a total left knee arthroplasty, is being remanded as new VA examinations are needed to determine if the condition is related to his service or aggravated by a service-connected disability.,The Veteran's claim for service connection for cervical spine degenerative disc disease, to include as secondary to service-connected residuals of a total left knee arthroplasty, is being remanded as new VA examinations are needed to determine if the condition is related to his service or aggravated by a service-connected disability.,The Veteran's claim for service connection for cervical radiculopathy of the right arm, to include as secondary to service-connected residuals of a total left knee arthroplasty, is being remanded as new VA examinations are needed to determine if the condition is related to his service or aggravated by a service-connected disability.,The Veteran's claim for TDIU is being deferred pending resolution of the above-mentioned claims.

The Board has granted the Veteran increased ratings for various service-connected conditions, including headaches with dizziness, degenerative arthritis of the cervical spine, and degenerative disc disease of the thoracolumbar spine. The Veteran's combined disability rating is now 100 percent.

The Veteran's appeal is being remanded to the AOJ for further development, including scheduling a Travel Board hearing in Houston, Texas.

The Board has determined that the Veteran's current cirrhosis of the liver, cervical spine disability, right shoulder arthritis, and right knee arthritis did not manifest during service or within one year of separation from service. Therefore, these claims are denied.

The VA examiner found no additional cervical spine disability or left ear disability as a result of the August 1996 surgery, and concluded that there was no fault on the part of VA in causing these disabilities.,VA did not find any evidence supporting the Veteran's claim that his disabilities were caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault.

The Veteran's cervical spine disability was rated as 10 percent disabling prior to January 27, 2009 and has been rated as 20 percent disabling since then. The evidence does not support a higher rating at any time during the appeal period.,The Veteran's left hand paresthesias have been rated as 10 percent disabling since October 1999. The April 2009 VA examiner noted mild incomplete paralysis in the minor extremity, warranting a 10% rating.

The Veteran's cervical fracture disability does not meet the criteria for a rating in excess of 40 percent due to lack of unfavorable ankylosis. The Board finds that the evidence does not support a higher schedular rating under any applicable diagnostic code.

The Board has remanded the Veteran's claims for further development, including obtaining an addendum opinion regarding the etiology of his neck and back disabilities and headaches.

The Board has remanded the case for additional development due to missing service records and for medical opinions regarding the etiology of the Veteran's claimed disabilities.

The Board has determined that the Veteran's service-connected disabilities preclude him from engaging in substantially gainful employment, and thus grants a TDIU.

The Veteran's claims of entitlement to service connection for a neck disability and bilateral shoulder disability have been denied as there is no evidence of such disabilities during active service or within one year of discharge, and the preponderance of the evidence does not support a finding that these conditions are related to service.

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, and the Board has granted entitlement to TDIU.

The Board has remanded the case for additional development, including scheduling VA examinations and obtaining a supplemental statement of the case (SSOC).