Neck / cervical spine decisions — 2018

The Board has granted service connection for the claimed conditions, finding that they are secondary to the Veteran's service-connected low back disability.

The Board has determined that the Veteran's cervical spine, right knee, and left knee disabilities are related to service. The claims for these conditions have been granted.

The Veteran's service-connected disabilities do not preclude him from securing and following a substantially gainful occupation.

The Veteran is seeking service connection for a cervical spine disability that he claims is secondary to his service-connected low back disability. The Board has remanded the case due to inadequate medical opinions and incomplete records.

The Veteran's cervical spine disability is rated at 20 percent, effective from the date of the decision. A separate compensable rating for a tender/painful scar and bladder dysfunction as manifestations of his low back disorder was not granted.

The Board has granted the Veteran's petition to reopen his claims of service connection for back, neck, and left shoulder disabilities. The case is remanded for further development.

The Veteran is granted an effective date of October 28, 2009 for the awards of separate, compensable ratings for his service-connected disabilities. A TDIU is also granted effective from that same date.

The Board has determined that the Veteran's current neck disability (arthritis) and residuals of a head injury (post-concussion syndrome and migraine) are related to in-service injuries, thus granting service connection for these conditions.

The Veteran's claim for a higher rating of 40 percent for degenerative changes of the lumbar spine is granted. The remaining issues are addressed in the remand portion.

The Veteran's appeal is being remanded for additional examinations and development due to the significant worsening of his service-connected right hip, right knee, cervical spine disabilities, and bilateral hearing loss since the last VA examinations.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional development, including obtaining VA treatment records and scheduling a VA examination.

The Board found that the Veteran's cervical spine and thoracolumbar spine disabilities are not related to his military service, as there is no evidence of such conditions during or within one year after service. The Board also noted that other medical opinions did not provide sufficient rationale for their conclusions.

The Board found that the Veteran's low back, cervical, left hip, and right hip disorders are not related to service or a service-connected disability. The claims for these conditions were denied.

The Veteran's appeal is being remanded to obtain additional medical evidence and conduct a new VA examination for his back, neck, and upper extremity radiculopathy disabilities. The claims will be reconsidered based on the new evidence.

The Veteran's low back disability is currently rated at 10 percent and his neck disability is also rated at 10 percent. The Veteran was granted a temporary total rating for convalescence following surgery on his service-connected low back disability, but the issues of increased ratings remain unresolved.

The Veteran's cervical strain with degenerative disc disease and disc narrowing including neck condition was not manifested by forward flexion limited to 15 degrees or less, by favorable ankylosis at any time, or by evidence of incapacitating episodes having a total duration of at least four weeks but less than six weeks in any twelve month period since December 11, 2008. As such, the Veteran's cervical strain with degenerative disc disease and disc narrowing including neck condition does not meet the criteria for a disability rating higher than 20 percent.

The Board has determined that the Veteran's bilateral shoulder arthritis and cervical spine disorder are not related to his military service, and thus denied these claims. The claim for a sleep disorder is also denied as there is no evidence of a current disability.

The Veteran's claim for special monthly pension based on housebound status is denied as he does not meet the regulatory requirements for housebound benefits and does not substantially confine him to his dwelling or immediate premises.

The Veteran's claims for increased ratings for his cervical and lumbar spine disabilities, as well as the propriety of separate ratings for RUE and RLE radiculopathy and surgical scars are being remanded due to the need for additional development.

The Veteran's claims for increased ratings for cervical spine degenerative disc disease and right upper extremity radiculopathy were denied as her conditions did not meet the criteria for a higher disability rating.