Neck / cervical spine decisions — 2018

The Veteran's service connection claims for various disabilities, including a psychiatric disorder, have been granted.

The Veteran's appeal is being remanded for additional development, including obtaining VA medical records and possibly new VA examinations to assess the current severity of his service-connected conditions.

The Veteran's claims for bilateral knee and lumbar spine disabilities were previously denied, but not reopened. The cervical spine disability claim was denied.,The Veteran's hearing loss is currently rated at 10% prior to July 15, 2015, and 10% thereafter. Tinnitus is assigned a 10% rating.,PTSD is rated at 30% since July 21, 2015. Ischemic heart disease remains rated at 30%. The Veteran's service-connected disabilities do not meet the criteria for a TDIU.

The Veteran's appeal is being remanded for additional development, including new VA examinations and a supplemental statement of the case.

The Board has determined that the Veteran's back, cervical spine, and bilateral shoulder disabilities are secondary to his service-connected bilateral foot disability.

The Veteran's appeal is being remanded for additional development to determine the nature and etiology of his claimed left hip DJD and cervical spine degenerative arthritis.

The Veteran's left knee, lumbar spine, and cervical spine disabilities are found to be secondary to his service-connected pes planus.,An initial disability rating of 20 percent for bilateral pes planus is granted effective October 2, 2012.

The Board found that the Veteran's cervical spine disability did not manifest to a compensable degree within one year of service discharge and has not been shown to be causally related to service.

The Board has ordered additional development to determine if the Veteran's cervical spine, bilateral CTS, and left knee disabilities are related to her military service. The appeal is being remanded for these purposes.

The Veteran's appeal is being remanded to obtain additional examinations and for the issuance of a Statement of the Case addressing service connection for a left shoulder disability and increased ratings for his right and left knee disabilities.

The Board has determined that the Veteran did not have a current disability of the cervical or lumbosacral spine, and there is no evidence of chronicity within one year after service separation. The Veteran's fibromyalgia was also not incurred in service.

The Board has determined that the Veteran's cervical spine and left hip disorders are not related to service, as there is no evidence of chronic conditions in service or within one year after service. The VA examiners concluded that any current cervical spine and left hip disorders are more likely due to natural aging processes.,Regarding TIA, the Board found insufficient medical evidence to link it to service. The Veteran's reported history of a head injury during service is not supported by contemporaneous records.

The Veteran is granted a higher rate of special monthly compensation (SMC) based on the need for regular aid and attendance due to his service-connected disabilities, including bilateral lower extremities, headaches, cervical degenerative changes, chronic back pain, chronic gastritis, PTSD, MDD, and right arm neuralgia. The SMC rating is at level (r)(1).

The Veteran's abdominal scar and residuals from an accidental stab wound are rated as noncompensable, but the Veteran is not entitled to service connection for his pancreatitis, right knee condition, left knee condition, broken right ankle, broken right leg, or cervical arthritis.,There is no evidence of a current disability related to service-connected conditions that would support secondary service connection for any of these issues.

The Veteran's appeal has been dismissed as he withdrew his appeal in March 2016.

The Veteran's bipolar disorder with PTSD was productive of occupational and social impairment with reduced reliability and productivity from March 7, 2012 to March 4, 2013. The Veteran's lumbar strain with a history of herniated disc did not result in significant disability. The Veteran's cervical strain did not meet the criteria for an increased rating. The Veteran's left lower extremity radiculopathy was productive of mild incomplete paralysis throughout the appeal period. The Veteran's GERD has resulted in persistent symptoms but without severe impairment.

The Veteran withdrew his appeals for several conditions, including right arm and shoulder disabilities. The claim to reopen service connection for a right knee disability was denied as new and material evidence has not been received.

The Board has determined that the Veteran's low back disability, including lumbar spine degenerative disc disease, is related to his military service.,The Board has also determined that the Veteran's cervical spine disability, including cervical spine spondylosis, is related to his military service and/or his low back disability.

The Veteran's claims for increased ratings for cervical spine degenerative disc disease, right upper extremity radiculopathy, left upper extremity radiculopathy, and right lower extremity radiculopathy have been denied.,The Board found that the evidence did not support higher ratings for any of these conditions.

The Board has determined that the Veteran's claims for service connection for a cervical spine condition and headaches are granted, finding that there is at least as much evidence to support these claims as against them.