Neck / cervical spine decisions — 2018

The Veteran's appeal is pending and requires a DRO hearing at the next available opportunity. The Board has not made a determination on service connection claims.

The Board has determined that the Veteran's cervical spine disorder did not manifest in service or within one year thereafter and is not otherwise related to his military service or service-connected lumbar strain. Therefore, the claim for service connection for a cervical spine disorder is denied.

The Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD, has been reopened and granted. His malaria is rated at a compensable level (30%). The Veteran also has service-connected disabilities that preclude him from obtaining or maintaining substantially gainful employment.

The Board has reopened the Veteran's previously denied claims for service connection for cervical spine and lumbar spine disorders, but further development is needed before the merits of these claims can be addressed. The case will be remanded to obtain treatment records and an additional VA examination.

The Veteran's cervical spine disorder, including strain, hypertrophic degenerative spurs, osteoarthritis, and minimal posterior subluxation of C5 off C4, is found to be due to an in-service injury. Service connection for this condition is granted.

The Board has remanded the Veteran's claims for additional development due to inadequate VA examinations and inextricably intertwined with his TDIU claim.

The Board has determined that the Veteran's cervical spine, radiculopathy, lumbar spine, and gunshot wound residuals disabilities are not service-connected. The effective date for service connection of scars on the right low back is set at December 1, 1994, and no earlier. A compensable initial disability rating for the scar is denied, as is a higher than 10 percent rating for gunshot wound residuals.

The Veteran's disability ratings for lumbar spine and cervical spine conditions were reduced from their previous levels to reflect improvement in the Veteran's condition.,Both reductions were based on VA examinations conducted after the initial rating decisions, which showed significant improvement in the Veteran's range of motion.

The Board found that the evidence submitted since the March 2010 rating decision is not new and material, thus denying the request to reopen the claim of service connection for cervical spondylosis with bilateral radiculopathy.

The Board has remanded the case for additional development, including obtaining Social Security Administration records and VA examinations to determine the current severity of the Veteran's service-connected bilateral hearing loss and to address the nature and etiology of his claimed conditions.

The Veteran's appeal is remanded due to unclear employment status and the need for a VA examination to assess his ability to secure or follow gainful employment.

The Board has determined that the Veteran's low back and cervical spine disabilities are related to his military service, granting service connection for these conditions.

The Veteran's appeal is being remanded for further development, including obtaining additional medical records and a VA examination to determine if his service-connected disabilities render him in need of regular aid and attendance or housebound.

The Board found that the Veteran's neck, right hand, and left hand disabilities are not service-connected as they are not related to his military service or a service-connected disability.

The Board has determined that there is no current right shoulder disability and the neck condition is not related to service or a service-connected disability. Therefore, the claims for service connection are denied.

The Veteran's cervical spine disorder, characterized by pain and limited motion, has not resulted in a combined range of motion greater than 170 degrees or ankylosis. Therefore, the claim for an increased rating is denied.

The Board has granted service connection for a low back disability, cervical spine disability, bilateral knee disabilities, bilateral hip disabilities, and hypertension. The Veteran's other claims remain denied.

The Veteran's claims for service connection for bilateral hearing loss, tinnitus, migraine headaches, and degenerative joint disease (DDD) of the cervical spine have all been granted. The claim for sleep apnea has also been granted.,Service connection is established for these conditions based on direct evidence.

The Board has granted service connection for right hip disability, hearing loss, and tinnitus with an effective date of December 3, 2009. The Veteran's claims for other disabilities are denied.

The Board has determined that the Veteran's cervical spine disorder did not have its onset in active service or for many years thereafter, and it is not related to such service. The lumbosacral spine disorder also did not have its onset during service or within one year of discharge, and it is not related to such service.