Neck / cervical spine decisions — 2017

The Veteran meets the schedular requirement for TDIU on a schedular basis from November 29, 2011 due to his service-connected disabilities. The Board grants TDIU on this basis.

The Veteran's cervical spine condition, including degenerative disk disease and a herniated disk, is currently rated at 60 percent since April 25, 2012. The rating reflects the severity of his symptoms, which include limited range of motion and severe pain.

The Veteran's orthopedic manifestations of cervical spine disability have been manifested by limitation of forward flexion to no less than 20 degrees with pain at 10 degrees and complaints of neck pain, stiffness, locking, weakness, and fatigue. The criteria for entitlement to an initial disability evaluation in excess of 20 percent for the orthopedic manifestations of cervical spine disability have not been met.

The Board has granted service connection for erectile dysfunction and left lower extremity radiculopathy, effective February 1, 2012. The Veteran's claims for increased ratings of his cervical spine disability, right and left knee disabilities, as well as, service connection for erectile dysfunction are remanded to allow for further development.

The Veteran's thoracolumbar and cervical spine disabilities have been rated based on their functional impairment, but the evidence does not support a higher rating than the currently assigned disability ratings.

The Veteran's representative dismissed the appeal due to a full grant of benefits in the November 2016 supplemental statement of the case (SSOC).

The Board has denied the Veteran's claims for service connection for various conditions, including tinnitus, a pulmonary condition, gout, degenerative arthritis, rheumatoid arthritis, and metabolic syndrome. The Board also found that there is no evidence of chemical exposure or TCE exposure to support these claims.

The Veteran has had headaches with very frequent completely prostrating attacks capable of producing severe economic inadaptability since January 29, 2007.,A 50 percent rating for headaches is granted.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claims for service connection of back, cervical spine, and bilateral foot disorders. The May 2004 rating decision is final.

The Veteran's appeal is being remanded due to the need for a hearing before the Board of Veterans' Appeals. The issues remaining on appeal are related to service connection for head injuries, lumbar spine disabilities, and cervical spine disabilities.

The Board has remanded the case for additional development due to incomplete medical opinions and need for further examination.

The Board finds that the Veteran's current lumbosacral strain, right knee strain, and left ankle strain are at least as likely as not caused by his active service.,For the reasons stated above, the claims for service connection for these disabilities are granted.

The Board has remanded the appeal for an RO hearing before a Decision Review Officer and further development.

The Veteran's claim for a higher rating for his cervical spine disability is being remanded due to the need for additional examination and testing.

The Board found that the May 2011 rating decision awarding SMC based on need for aid and attendance was CUE due to incorrect application of law, as the Veteran's need for aid and attendance was caused by nonservice-connected cervical spondylosis with myelopathy status post cervical decompression and fusion and congenital stenosis of the lumbar spine. The June 2014 rating decision on appeal severed SMC based on this finding.

The Veteran's cervical spine disability is rated at 20 percent since September 21, 2013. This rating reflects the limitation of motion and associated symptoms.

The Board has determined that additional development is needed before the claims on appeal can be decided, and has therefore remanded the case to the AOJ for further action.

The Board granted an increased rating of 20 percent for the Veteran's cervical spine degenerative disc disease, effective March 25, 2011. The claim was remanded due to a need for additional examination and is now back before the Board.

The Veteran's service-connected disabilities, including PTSD and sleep apnea, render him unable to obtain or maintain substantially gainful employment. The Board finds that he is entitled to a TDIU.

The Board has remanded the issue of entitlement to a total disability rating based on individual unemployability as a result of service-connected disabilities (TDIU) due to unclear information about the Veteran's employment and education, which is necessary for determining his employability.