Neck / cervical spine decisions — 2018

The Veteran's appeal is being remanded to obtain additional medical examination and opinion regarding the etiology of his claimed disabilities, including left underarm pain, right underarm pain, neck disability, back disability, left hip disability, right hip disability, residuals of rib fractures, residuals of head injury (skull injury), and headaches. The Veteran's service records are unavailable due to no fault on his part.

The Veteran's left ankle disability is considered a subsequent manifestation of his already service-connected lumbar spine degenerative disc disease with osteoarthritis.

The Board found that the Veteran's cervical spine disorder, including degenerative disc disease and stenosis, is related to his active service. The decision grants service connection for this condition.

The Board has granted service connection for cervical disc disease, lumbar disc disease, and radiculopathy secondary to a cervical spine disorder. The Veteran's current disabilities are found to be related to his in-service injury during basic training.

The Veteran's cervical spine disability was rated at 20% prior to his death, but a higher rating is not warranted.,The Veteran's headache disability was rated at 50%, the maximum schedular evaluation available under DC 8100. The claim for an increased rating is denied as it does not meet the criteria for extraschedular consideration.

The Veteran's service connection claims for various disabilities, including cervical spine, lumbar spine, right shoulder, hip and knee conditions, ankle, wrist, plantar fasciitis, and migraine headaches have been granted. The claim for psychiatric disability was denied as there is no current diagnosis.

The Veteran's TDIU claim is being remanded due to its inextricability with other pending claims, specifically increased rating and service connection for a cervical spine disorder. The AOJ must address discrepancies between the November 2013 Rating Decision and accompanying code sheet regarding service connection for a cervical spine disorder.

The VA denied the Veteran's claim of service connection for a cervical spine disability, finding that there was no medical evidence linking his current condition to his military service.

Effective May 22, 2013, the Veteran is granted a 100 percent rating for unfavorable ankylosis of the entire spine. The earlier claims for increased ratings remain denied.

The Veteran is precluded from securing and following substantially gainful employment as a result of his service-connected disabilities, which include right AC joint separation, cervical spine degenerative disease, left upper extremity radiculopathy associated with cervical spine degenerative disease, and right upper extremity radiculopathy associated with cervical spine degenerative disease. The Board has granted the TDIU based on these conditions.

The Veteran's claims for increased ratings and earlier effective dates are remanded due to the need for additional development, including obtaining medical records and scheduling compensation and pension examinations. The issue of entitlement to a total disability rating based on individual unemployability (TDIU) is also remanded.

The Veteran's claim for service connection for a cervical spine disorder was reopened due to the submission of new and material evidence. The claim is granted.

The Board has determined that the Veteran's cervical spine disability, headaches, right and left upper extremity radiculopathy are all service connected. The evidence is at least in equipoise as to whether these conditions are related to his military service.

The Veteran's cervical spine disability was rated at 20 percent effective March 26, 2013. The rating is based on the criteria for a noncompensable initial rating prior to that date and a compensable rating from March 26, 2013 onwards.

The Board has denied the Veteran's claims for service connection for bilateral hearing loss, tinnitus, degenerative joint disease of the right hip, left hip, right knee, left knee, right ankle, left ankle, cervical spine, and lumbar spine. However, it has granted service connection for degenerative joint disease of the lumbar spine.

The Veteran's appeals regarding increased ratings for his lumbosacral strain, cervical spine degenerative disc disease, left upper extremity radiculopathy, right lower and left lower extremity nerve impairments have been withdrawn. The Veteran is not found to be unemployable due to service-connected disabilities.

The Veteran withdrew his appeals regarding the issues of entitlement to a rating in excess of 30 percent for cervical radiculopathy of the left upper extremity, claimed as nerve damage; entitlement to a rating in excess of 20 percent for cervical radiculopathy of the right upper extremity, claimed as nerve damage, and entitlement to a rating in excess of 20 percent for cervical discectomy.

The Board has reopened the Veteran's claims of service connection for cervical spine, right knee, bilateral shoulder, and left hip disabilities. The evidence now shows that these conditions are at least as likely as not related to service.

The Veteran's service-connected cyclothymic disorder with insomnia is granted, and he is assigned a 10 percent rating effective July 3, 1997. The Veteran's muscle spasms and joint pain are found to be due to his service-connected cervical spine degenerative disc disease, bilateral shoulder degenerative joint disease, bilateral lateral epicondylitis, and ORIF of the right ankle.

The Board has determined that the Veteran's cervical spine disability with cord impingement and migraine headaches are attributable to service, thus granting service connection for both conditions.