Neck / cervical spine decisions — 2017

The Veteran's appeal is being remanded for a video-conference hearing before a Veterans Law Judge.

The Veteran's claim for a higher rating for his service-connected asthma, evaluated in conjunction with obstructive sleep apnea, was denied as the condition does not meet the criteria for a separate evaluation under Diagnostic Code 6602.

The Board has found that further development is necessary before a decision can be reached on the merits of the underlying claims for service connection for cervical spine and bilateral hip disabilities, to include as secondary to service-connected lumbar strain.

The Veteran's cervical spondylosis with cervical stenosis is currently rated at 20 percent, effective November 24, 2009. The rating for right cervical radiculopathy remains at 10 percent.

The Board has remanded the case for a new VA examination to assess the severity of the Veteran's cervical spine disability. The issues on appeal will be readjudicated after this development.

The Veteran's claims for increased ratings for his cervical spine and right shoulder disorders are being remanded due to the need for additional development, including VA examinations.

The Board has determined that the Veteran's cervical spine disability and bilateral carpal tunnel syndrome are related to his active duty service, granting service connection for these conditions.

The Veteran's neck scar is painful and itches, but does not meet the criteria for a compensable rating under Diagnostic Code 7800. However, his neck scar has met the criteria for a 10 percent rating under Diagnostic Code 7804.,The Veteran's right hip scar is painful and numb, but does not result in limitation of motion or loss of function.

The Board has found that the Veteran's allergic rhinitis is not service connected. The cervical spine disability issue remains pending and requires further examination.

The Veteran's service-connected disabilities do not preclude substantially gainful employment, and the claim for a TDIU is denied.

The Veteran's cervical spine disability is rated at 20 percent for the period from November 16, 2005. The rating is based on forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees.

The Veteran's cervical spine disability is rated at 30 percent effective October 31, 2014. The claim for a higher rating prior to that date and for the left upper extremity radiculopathy remains denied.

The Board has decided to remand the case due to the need for additional development of the record, including obtaining unit records and logs from Bahrain where the Veteran was stationed in 2008. The Veteran seeks service connection for a cervical spine disability that he claims resulted from an accident involving a military bus while stationed there.

The Board has remanded the case for a new VA examination to determine if the Veteran's DJD of the thoracolumbar and cervical spine is related to his active service.

The Board has remanded the case due to an inadequate VA examination and the need for further development of evidence related to the Veteran's neck disability.

The Veteran's radiculopathies of the upper extremities have been evaluated as 10 percent disabling, and there is no evidence to support a higher rating based on current symptomatology.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling examinations to assess the severity of his left shoulder, left elbow, cervical spine disabilities and psychiatric disorder.

The Veteran was seen for complaints of headaches following a head injury in service and has presented competent and credible evidence that those headaches have persisted since service.,It is as likely as not that the Veteran's tinnitus is related to his active service.

The Board has granted service connection for a low back disability. The issue of service connection for the neck requires additional development and is REMANDED to the Agency of Original Jurisdiction (AOJ).

The Veteran seeks service connection for cervical spine disability and sleep apnea. The Board finds that additional development is needed to determine the etiology of these conditions, including whether they are related to active or inactive duty service.