Neck / cervical spine decisions — 2017

The Board has remanded the Veteran's claims due to incongruity between VA opinions and a need for additional medical opinion.

The Veteran's appeal has been withdrawn and the case is dismissed as there are no remaining issues for review.

The Board denied the Veteran's claim for service connection for a cervical spine disability, finding that it pre-existed service and was not aggravated by service. The presumption of soundness at entry is rebutted.

The Board found that the Veteran's cervical spine disability was not related to service or his service-connected lumbosacral disc disease, and denied the claim for service connection. The ED issue is remanded due to insufficient development.

The Veteran's claims for service connection and higher evaluations have been denied. The Board has determined that new and material evidence has not been received to reopen the claim of service connection for psoriatic arthritis.

The Veteran's appeal for an initial disability rating in excess of 40 percent for his service-connected low back disorder was withdrawn. The Board granted the TDIU claim, finding that the Veteran is unable to secure and follow a substantially gainful occupation due to his service-connected disabilities.

The Veteran's cervical spine disorder and bilateral hand disorder were not incurred in service and are not otherwise related to service. The Board finds that the evidence does not support a finding of direct service connection for these conditions.

The Veteran's cervical spine disorder is not service-connected, and the appeal regarding his bilateral shoulder disorder petition was denied. The Board found no evidence of a nexus between the current cervical spine disorder and service.

The Veteran's appeal is being remanded due to his failure to appear for a scheduled Board hearing. The case will be returned to the RO for further action.

The Veteran's lumbosacral strain with sciatica (lumbar spine disability) is currently rated at 20 percent, and the Board finds that he is entitled to a separate compensable rating for left lower extremity impairment.

The Veteran's claim for service connection for peripheral neuropathy of the bilateral upper extremities is denied as he does not have this condition. The Veteran's PTSD is currently rated at 50 percent, but the Board finds that it does not meet or more nearly approximate total occupational and social impairment. The December 1970 rating decision regarding a 10 percent rating for multiple noncompensable service-connected disabilities from August 5, 1971 to February 19, 2009 is final.

The Veteran's appeal is being remanded due to the need for additional examinations and consideration of his claims.

The Board found that new and material evidence had been submitted to reopen the claim for service connection, but the Veteran's cervical spine disability was not related to his military service. The VA examiner concluded it was less likely than not that the current condition is due to the 1955 car accident.

The Veteran's right elbow arthralgia is currently rated at 20 percent, and the Board finds that it more closely approximates a limitation of motion to 70 degrees.

The Board has determined that the reduction in ratings for spinal canal stenosis of the cervical spine with degenerative changes, right upper extremity radiculopathy, and left upper extremity radiculopathy was not proper. The Veteran's disabilities do not meet or approximate criteria for higher ratings under the applicable rating criteria.

The Board has remanded the Veteran's appeal due to a need for additional medical opinions regarding his cervical spine disorder and bilateral hallux valgus. The case will be returned to the AOJ for further action.

The Board has determined that the Veteran's cervical spine disability did not result from an injury or disease in service and is therefore denied. The low back disability issue requires further evaluation as it may be related to his cervical spine disability.

The Veteran's cervical spine disability is currently evaluated at 20 percent, and the Board finds that this evaluation adequately reflects the severity of his condition based on the range of motion findings. The evidence does not support a higher rating.

The Veteran's appeal for a higher rating for degenerative arthritis of the spine was withdrawn. The Board granted service connection for depression and TDIU based on his service-connected conditions.

The Veteran's appeal is being remanded due to scheduling issues, and the case will be returned for further review.