Neck / cervical spine decisions — 2017

The Board has determined that additional development is necessary before the claims can be fully adjudicated.

The Board has determined that the Veteran's cervical cancer and residuals of a hysterectomy are etiologically related to her in-service gynecological symptoms, resolving reasonable doubt in her favor.

The Board has remanded the case for additional development, including obtaining VA treatment records and providing an addendum opinion regarding the Veteran's cervical spine disability. The issues on appeal include service connection, causation, aggravation, and whether the Veteran's current condition resulted from a failure to exercise reasonable care during surgery.

The Board has found new and material evidence to reopen the Veteran's claim for service connection of a cervical spine disability. The claim is now pending for further review.

The Veteran's disability rating for degenerative arthritis of the cervical spine was reduced from 20 percent to 10 percent, effective December 1, 2015. The reduction is denied as improper.

The Board has granted service connection for the Veteran's cervical and lumbar spine disorders, reopening his claims based on new evidence submitted since the last final denial. The effective date is not specified.

The Board denied the Veteran's claims for increased ratings for his cervical strain, lumbar strain, right shoulder degenerative joint disease, and right carpal tunnel syndrome.

The Veteran's claim for service connection for PTSD was denied. The Board found that the evidence did not establish a link between his current symptoms and an in-service stressor, despite the Veteran's fear of hostile military activity.

The Veteran's service-connected conditions, including his cervical spine and headaches, have rendered him unable to secure or follow a substantially gainful occupation since January 1, 2010. The Board has determined that the evidence is at least evenly balanced as to whether these disabilities preclude employment, thus granting TDIU.

The Board has determined that the Veteran's current low back and cervical spine disabilities did not onset due to an injury sustained during a period of INACDUTRA. The neurologic disability of the right leg was also found not to be caused by or permanently made worse by a service-connected disability.

The Board found no evidence of a current disability related to service for either the cervical spine disorder or bilateral knee disorder, and thus denied both claims.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims for service connection. This includes obtaining a new VA examination and requesting an addendum opinion from a VA examiner.

The Veteran's radiculopathy of the upper radicular group of the left upper extremity has been granted a noncompensable rating effective August 26, 2010. The Veteran is not entitled to an increased rating for this condition.,The Veteran's radiculopathy of the superficial peroneal nerve of the left upper extremity was granted a noncompensable rating effective August 26, 2010.

The Veteran's tinnitus was found to be related to service, with the Board granting service connection.,There is no evidence of a cervical spine condition during service or due to service. The Veteran's current condition is considered unrelated to his military service.

The Veteran's cervical degenerative joint disease and acquired psychiatric disability were not found to be related to his military service.

The Veteran's bilateral plantar fasciitis has been granted an initial 30 percent disability rating.

The Board finds that the evidence is at least in equipoise as to whether the Veteran's right ulna neuropathy was caused by his service-connected degenerative joint disease, cervical spine with central canal stenosis at C7-T1.,The Board also finds that the evidence is at least in equipoise as to whether the Veteran's degenerative joint disease, cervical spine with central canal stenosis at C7-T1 was caused by his service-connected disability of degenerative joint disease and degenerative disc disease, thoracolumbar spine and fractures of the pelvis.

The Board has remanded the case for further development, including obtaining service records and conducting a VA examination. The issues of entitlement to service connection for various joint disorders are now pending before the Board.

The Veteran's service connection claim for cervical spine DJD is granted. The Board finds that arthritis in the Veteran's cervical spine was manifest to a compensable degree within one year of separation from service, warranting service connection.

The Veteran is unable to obtain and maintain substantially gainful employment due to her service-connected disabilities, which include headaches, major depressive disorder, lumbosacral strain, cervical strain, hearing loss of the right ear, status post nasal bone fracture, and a burn scar of the right forearm. As such, the criteria for TDIU have been met.