Neck / cervical spine decisions — 2018

The Board has determined that additional development is needed before the claims can be decided. This includes obtaining VA medical opinions to assess the etiology of the Veteran's low back and cervical spine disorders, as well as a VA examination for his acquired psychiatric disorder.

The Veteran's cervical spine disability is currently rated as 10 percent prior to August 16, 2017 and 20 percent thereafter. The evidence does not meet the criteria for higher ratings under the General Rating Formula for Diseases and Injuries of the Spine or the Formula for Rating IVDS Based on Incapacitating Episodes.

The Board denied an increased disability evaluation for the Veteran's cervical strain, finding that the evidence did not support a grant of benefits.

The Veteran's service-connected disabilities prevent him from securing or following a substantially gainful occupation, and the Board has granted a TDIU based on this finding.

The Veteran's claim for service connection for a neck disability, migraines, and IBS has been granted. The Board found that the evidence established continuity of symptomatology for these conditions.,New and material evidence was also received to reopen the claim for service connection for a neck disability.

The Veteran's appeal is denied as the Board finds that his service connection claims for cervical spine strain and bilateral peripheral neuropathy are not supported by evidence. His adjustment disorder with depressed mood, right ankle degenerative joint disease, left ankle strain, and total disability evaluation based on individual unemployability claims have been addressed but do not meet the criteria for higher ratings.

The Veteran's neck disability and hemorrhoids were not incurred as a result of his active duty.,Service connection was denied for both conditions.

The Board has remanded the case for a new VA opinion to address the etiology of the Veteran's neck and back disabilities, including considering his lay statements and evidence of prior injuries.

The Board finds that the Veteran's cervical spine disorder is related to his military service, warranting service connection.,There is at least equipoise evidence supporting a finding that the Veteran's left ankle sprain may be linked to his military service.

The Veteran's chronic sinusitis and cervical spine disability were rated, but the appeal was denied as there is no indication of service connection theory other than direct service connection.

The Board has determined that new and material evidence has not been received to reopen the claim of service connection for scoliosis. The Veteran's flat feet (pes planus) were noted at entrance but did not increase in severity during service, and there is no evidence of aggravation beyond natural progression. Service connection for cervical spine degenerative disc disease, carpal tunnel syndrome of the right upper extremity, carpal tunnel syndrome of the left upper extremity, and residuals of stress reaction of the right leg cannot be established as these conditions are not shown to have been incurred in service or until many years thereafter.

The Veteran's initial claim for a higher rating for his cervical spine disability was denied. The current rating of 20% is maintained as the evidence does not show ankylosis or IVDS, and the Veteran's range of motion has been found to be within the criteria for the current 20% rating.

The Veteran's bilateral hearing loss, tinnitus, lumbosacral and cervical spine disabilities had their onset in active service or are related to in-service injuries. The Board finds that the most probative evidence of record shows that these conditions have a direct relationship with his military service.

The Veteran's bilateral hearing loss has been rated at noncompensable, and the Board finds that a compensable rating is not warranted. The claims for reopening service connection for cervical spine disability and right shoulder nerve disability are denied.

For the period of October 25, 2006 to October 13, 2015, the Veteran's back disability was rated at 20 percent due to spasms resulting in an abnormal gait.,From October 14, 2015 to January 18, 2016, the rating increased to 40 percent as a result of forward flexion of 30 degrees or less. The criteria for a higher rating were not met during this period.

The Board has determined that the Veteran's claimed cervical spine, low back, left knee, and right knee disabilities are not related to his active duty service. The evidence does not support a finding of in-service injury or disease for these conditions.

The Board has denied the Veteran's claims for service connection for cervical and lumbar spine disabilities, finding that there is no evidence of a nexus between these conditions and his military service.

The Board has determined that the Veteran's lumbar and cervical spine disabilities are not related to his military service, as there is no evidence of arthritis or degenerative changes within one year post-service. The VA examiner provided a negative nexus opinion.

The Veteran's cervical spine disability is currently rated at 30 percent, and his other service-connected conditions do not preclude him from securing and following a substantially gainful occupation.

The Veteran's right hand paresthesia is service connected as secondary to his service-connected cervical spine disability, and the effective date for this grant of service connection is set at April 15, 2008.