Neck / cervical spine decisions — 2018

The Veteran's service-connected disabilities combine to preclude substantially gainful employment, and the Board finds that he is unable to secure or follow a substantially gainful occupation as a result of his service connected disabilities. Therefore, TDIU is granted.

The Board has determined that the Veteran's cervical spine disability did not begin during service and is not related to his military service. As a result, the claim for service connection for a cervical spine disability is denied.

The Board found that the Veteran's cervical spine and left shoulder disorders did not manifest during service or within one year of separation, and are not otherwise causally connected to active service. Therefore, the claims for service connection were denied.

The Board denied service connection for the Veteran's right knee and cervical spine disabilities, finding that they were not incurred in or aggravated by service. The Board also found that there was no evidence of a nexus between his IBS and his service-connected conditions.

The Board has determined that the Veteran's back, neck, and left foot disabilities are not related to service or any other service-connected conditions.

The Board has remanded the Veteran's claims for hepatitis C, frostbite of the hands and feet, lumbar spine disability, and cervical spine disability due to incomplete medical opinions and need for additional development.

The Board has determined that there is no evidence of a current cervical spine disorder and thus cannot grant service connection for this condition.

The Board has determined that the Veteran does not have a cervical spine disability or bilateral shoulder disability as a result of his service. The claim for an increased rating for IBD is also denied.

The Veteran's claim for service connection for TBI is denied as there is no current diagnosis of a traumatic brain injury. The Board finds that the Veteran's symptoms are more likely related to his service-connected PTSD.

The Board denied service connection for an upper back disability and cervical spine disability, finding that new evidence did not establish a nexus to service. The Veteran's current disabilities are presumed to have been incurred post-service.

The Board has remanded the case for additional development due to incomplete VA examinations and need for further analysis of the Veteran's claims.

The Veteran's cervical spine disability, manifested by forward flexion of the cervical spine less than 30 degrees and degenerative joint disease, is currently rated at 20 percent under Diagnostic Code 5242. The July 2017 VA examination report supports this rating as it shows forward flexion from 0 to 25 degrees.

The Board denied the Veteran's claim for SMC based on need for regular aid and attendance at a higher level of care, finding that he did not meet the criteria for anatomical loss or use of extremities as defined by 38 C.F.R. § 3.350(f).

The Board has determined that the Veteran's cervical spine disability is not attributable to service or secondary to a service-connected condition, and therefore denied the claim for service connection.

The Veteran's appeal for higher ratings for cervical spine degenerative joint disease was denied. The Board found that the evidence did not support a finding of unfavorable ankylosis or forward flexion limited to less than 15 degrees at any point during the period on appeal.

The Veteran's heart disability is currently rated at 60 percent, which is the maximum schedular rating available for this condition. The Board finds that his current METs level of 3-5 does not meet the criteria for a higher rating under Diagnostic Codes 7005 or 7017.

The Board has determined that the Veteran's cervical spine and right knee disabilities are not related to his military service, and thus denied both claims.

The Veteran's appeals have been withdrawn prior to the Board issuing a decision.

The Veteran's claim for service connection for a gynecological disability is being remanded due to the need for additional development, including obtaining updated medical records and scheduling a VA examination.

The Veteran's service connection for headaches, right knee scar, MDD, chronic cervical strain, DJD of the right knee post-repaired ACL and meniscal injury, chronic right ankle strain, and right foot pes planus, plantar fasciitis and callus of the great toe have been granted. The Veteran is currently assigned a 10% evaluation for his right knee scar.