Neck / cervical spine decisions — 2018

The Board denied service connection for residuals of a head injury, right leg/ankle condition, and cervical spine condition. The Veteran's claim was not reopened due to lack of new and material evidence.

The Board found no clear and unmistakable error in the February 2012 rating decision that denied service connection for diabetes mellitus type II, headaches, and chronic cervical strain secondary to a thoracolumbar spine disability.

The Board denied service connection for a bilateral leg disability and an initial rating in excess of 10 percent for cervical spine disability. The Veteran's leg pain is not considered due to an undiagnosed illness or MUCMI, and the VA examiner found no additional limitation of motion on three repetitions.

The Board has granted service connection for the Veteran's claimed disabilities, including coronary artery disease, hypertension, and other conditions, based on presumed exposure to herbicides while serving in the Republic of Vietnam. The effective date is set as August 31, 2010, which is when VA added ischemic heart disease (IHD) as a presumptive disability.

The Veteran's service-connected tension headaches, bilateral carpal tunnel syndrome, gastroesophageal reflux disease (GERD), and cervical spondylosis disabilities prevent him from securing or following substantially gainful employment. After affording the Veteran the benefit of the doubt, his service-connected disabilities alone are sufficient to meet the criteria for a TDIU.

The Veteran's attorney was awarded attorney fees from past-due benefits, and the Veteran has terminated all remaining appeals. The appeal is dismissed as moot.

The Veteran's service-connected cervical strain with cervical degenerative disease has been rated at 30 percent since September 18, 2017. The Board found that the evidence did not support a higher rating based on the severity of her symptoms or functional loss.

The Veteran's cervical spondylosis disability has not shown sustained improvement since January 1, 2016. The current rating of 10 percent is appropriate.,The Veteran's right wrist carpal tunnel syndrome did not meet the criteria for a higher rating from August 19, 2014, to December 16, 2015, and since December 17, 2015.

The Veteran's cervical spine disability has been rated at 20 percent since June 20, 2017. The Board found that the criteria for a higher evaluation were not met prior to this date.

The Board has denied service connection for low back disability and neck disability, as well as the claims for numbness of the right arm and fingers of the right hand. The claim for TDIU remains pending.

The Board denied the Veteran's claims for service connection for cervical spine and back disabilities, as well as his claim for TDIU. The Board found that there was no evidence of a direct relationship between these conditions and the Veteran's military service.

The Veteran's right shoulder disability and neck disability are found to be related to his military service. The Veteran's claims for sickle cell anemia and diabetes were withdrawn prior to the decision.

The Veteran's appeal is being remanded for additional development, including obtaining relevant Social Security Administration records and any outstanding VA medical records.

The Board has remanded the case due to the need for VA examinations and additional development of records.

The Board has ordered a remand to obtain additional treatment records and reevaluate the Veteran's cervical spine disability. The appeal is currently pending.

The Board has determined that the Veteran's cervical spine disability and ulcer disease were not incurred or aggravated during service, and there is no evidence of continuity of symptoms postservice. The claim for secondary service connection for headaches, peripheral neuropathy of upper extremities, and peripheral neuropathy of lower extremities lacks legal merit as the primary disabilities to which these conditions are sought are not service connected.

The Board found that the Veteran's cervical spine disability was not incurred in service and did not demonstrate onset during the first year after service. The Board also determined that it is less likely than not that his cervical spine disability is caused or aggravated by his service-connected lumbar spine disability.

The Veteran's cervical spine disability is granted service connection.,An effective date of October 31, 1981 for the grant of service connection for gastric polyp, distal esophagitis, and peptic duodenitis is dismissed as moot due to the earlier effective date already in effect.,The Veteran's gastrointestinal disability warrants a rating of 10 percent prior to August 28, 2009, but not higher. From August 28, 2009 onwards, it does not warrant any increase beyond 30 percent.

The Veteran's bilateral knee and lumbar spine disorders are found to be related to his active service.,Right elbow epicondylitis is also found to be related to a parachute accident during INACDUTRA.

The Board has determined that the Veteran's cervical spine disorder and obstructive sleep apnea are related to his military service, granting service connection for both conditions.