Neck / cervical spine decisions — 2018

The Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation for the period prior to June 21, 2012.

The Veteran's thoracolumbar strain and cervical spine disabilities have been rated at 10% prior to November 22, 2017. Since then, the criteria for a higher rating of 20% or more have not been met.

The Veteran's service-connected disabilities did not cause or contribute to his death. The appellant is denied entitlement to nonservice-connected pension since July 1, 2008 due to her income exceeding the maximum allowable rate.

The Veteran's appeal was granted, and he is now entitled to a temporary total disability rating for convalescent purposes following surgery for fungus infection of the feet from March 1, 2010 to April 1, 2010.

The Veteran's cervical spine disability has been evaluated at 20 percent since June 1, 2009 and increased to 30 percent from October 28, 2016. The Board finds that the evidence does not support a higher rating for any of these periods.

The Board has remanded the claims for service connection for a pelvis disability and cervical spine disability to the RO for further development due to the need for additional medical opinions.

The Veteran's cervical spine disability, prior to January 23, 2008, did not meet the criteria for a rating in excess of 20 percent. From January 23, 2008, it did not meet the criteria for a rating in excess of 30 percent.

The Veteran's claim for service connection for sleep problems, hypersomnolence, low back disability, neck disability, and initial evaluation in excess of 50 percent for mood disorder NOS prior to May 26, 2013 was granted. The rating assigned is 50%.

The Veteran's right lower radiculopathy was reduced from 10 percent to noncompensable effective February 11, 2009. The Board restored the original rating of 10 percent.,The Veteran is not entitled to a TDIU rating as his service-connected disabilities do not prevent him from securing or following substantially gainful employment.

The Board denied service connection for bulging discs in the cervical spine and reopened claims for claw toe deformity, bilateral post-operative, left shoulder disability, and right shoulder disability. The examiner found no clear and unmistakable evidence that the Veteran's claw toe condition pre-existed service.

The Veteran's claims of service connection for heart valve, left knee, and cervical spine conditions were denied as new and material evidence was not received to reopen the claims.

The Veteran's claim for a higher initial rating for joint pain as due to an undiagnosed illness is being remanded for additional development, including a new VA examination and consideration of private treatment records.

The Board found no credible evidence of an in-service injury or disease that led to the Veteran's current cervical spine disability. The Veteran's migraine headaches are not service-connected as they manifested many years after separation from service and are not causally related to service.

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

The Board has reopened the Veteran's claim for service connection for pseudo folliculitis barbae and found that it was aggravated during a period of active duty. The Veteran is also granted an increased rating to 20 percent for his service-connected degenerative arthritis of the lumbar spine prior to June 30, 2013.

The Board has determined that the Veteran's cervical spine disorder and lumbar spine disorder are service connected. The cervical spine disorder is linked to his active duty service, while the lumbar spine disorder is considered secondary to his cervical spine disorder.

The Board has determined that the Veteran's tinnitus and cervical spine disability are service-connected, but his bilateral hearing loss and left shoulder disability have not been established as service-connected.

The Board has granted service connection for the Veteran's acquired psychiatric disorder, bilateral hammertoes, calluses of the feet, and degenerative disc disease of the lumbar spine and cervical spine due to a fall during VA medical treatment. The right shoulder disorder is also granted as a result of the same incident.

The Board denied the appellant's appeal regarding his initial rating for an acquired psychiatric disorder, assigning a 70 percent disability rating effective March 14, 2012. The issue of TDIU was also denied.

The Veteran's cervical strain and thoracolumbar spine disabilities are rated at 20 percent and 30 percent, respectively. The rating for the cervical strain is increased from 10 percent to 20 percent effective February 13, 2017.