Neck / cervical spine decisions — 2018

The Board has granted an effective date of July 25, 2007 for the assignment of a TDIU due to the Veteran's service-connected disabilities.

The VA has determined that the Veteran's service-connected disability evaluations combine to an overall 60 percent rating under the Combined Ratings Table for the appellate period of September 2010 to February 2016.

The Board has determined that new and material evidence has been received to reopen the claims for service connection for a cervical spine disability and psychiatric disability, including PTSD and bipolar disorder with memory loss. However, the preponderance of the evidence is against these claims.

The Board has determined that the VA examinations are inadequate and remands the case for further development, including a new VA examination to determine the nature and etiology of the Veteran's claimed cervical spine, lumbar spine, and left leg disabilities.

The Veteran's cervical spine disability was rated at 10% from February 13, 2011 to October 26, 2016 and increased to 20% thereafter. The Board found that the criteria for a higher rating were not met during this period.

The Veteran's service-connected disabilities, including obstructive sleep apnea, migraine-type headaches, lumbar myositis, cervical myositis, right (major) shoulder impingement syndrome, right knee sprain residuals, left knee patellofemoral syndrome, and tinnitus, render him unable to secure or follow a substantially gainful occupation. Therefore, he is granted a TDIU.

The Board has determined that the Veteran's cervical spondylosis did not have onset during active service and is not otherwise related to active service.

The Board has determined that the Veteran's low back and neck disabilities are not service-connected as they were not incurred or aggravated during his military service.

The Board has determined that the Veteran's lumbar and cervical spine disabilities are related to his in-service injury, with continuity of symptoms since service separation. As such, these conditions meet the criteria for presumptive service connection.

The Board has remanded the case due to insufficient evidence regarding the relationship between the Veteran's cervical spine disability and his military service. The Veteran is required to undergo a VA examination to assess whether there is a causal link between his current disability and his in-service period.

The Veteran's claims for service connection have been reopened, and the Board has found that new evidence supports reopening of his cervical spine condition claim. However, the Board denied service connection for both the cervical spine condition and DDD of the lumbar spine as there is no credible evidence linking these conditions to service or any presumptive period.

The Veteran's appeals for increased ratings on various service-connected conditions have been dismissed as the Veteran withdrew his appeal.

The Board has determined that additional development is necessary before the issues on appeal can be decided.

The Veteran's cervical spine disability was rated at 10 percent prior to February 23, 2017. Effective from that date, the disability is rated as 30 percent disabling.

The Board has determined that the Veteran's left shoulder, right shoulder, neck, and back disabilities are related to her active duty service.

The Board has determined that additional development is needed to determine the nature and etiology of the Veteran's cervical spine, thoracolumbar spine, and sleep apnea conditions. The case will be returned for further action.

The Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation.

The Veteran's appeal is remanded due to inadequate VA examination reports and evidence of a worsening condition. A new rating decision will be issued after the completion of additional examinations.

The Board has remanded the case due to concerns regarding the adequacy of previous VA examinations and the need for a new examination that takes into account the Veteran's testimony about an altered gait.

The Board denied the Veteran's claims for service connection for various conditions, including DJD of the cervical spine, papillary squamous cell carcinoma, a thyroid disability, an acquired psychiatric disorder (PTSD), and a right ankle disability. The decision found that these conditions were not related to his active service or due to herbicide exposure.