Neck / cervical spine decisions — 2018

The Board has determined that the Veteran is not competent to manage his VA benefit payments.

The Veteran does not have a current disability of the neck or cervical spine that had onset in service or is related to his active military service.,The Veteran has not been diagnosed with bilateral hand tremors.

The Board found that the Veteran's cervical spine disability did not result from disease or injury incurred in service and was not caused by his service-connected lumbar strain.

The Veteran's appeal has been withdrawn regarding cervical dysplasia. The remaining issues have not been granted as service connection is denied for ulcerative colitis, chronic respiratory disorder, chronic bronchitis, chronic sinusitis, chronic rhinitis, acquired psychiatric disorder (including PTSD), left arm paresthesia, pancreas disorder, and fibromyalgia.

The Veteran's tinnitus is found to be related to military noise exposure. The Board also finds that service connection for a bilateral foot disability, neurological disabilities of the upper and lower extremities secondary to cervical and lumbar spine disabilities are granted.

The Veteran's right knee and cervical spine disabilities are being remanded for additional examination to determine if they are related to his service-connected lumbar disc disease.

The Board has remanded the case due to new evidence received after the last adjudication, and the Veteran's representative submitted additional private treatment records without waiving review by the AOJ.

The Veteran's appeal is being remanded for additional development, including obtaining outstanding VA treatment records and a statement of the case on his claim for higher initial ratings for migraine headaches.

The Veteran's PTSD rating was increased to 70 percent effective May 9, 2014. The claim for a compensable initial rating for sinusitis is addressed. The claims for reopening previously denied cervical spine and spine disabilities are also addressed. The issue of an effective date prior to May 9, 2014, for the PTSD award remains pending.

The Veteran's cervical strain was evaluated under the General Rating Formula for Diseases and Injuries of the Spine, but did not meet the criteria for a higher rating prior to May 30, 2013. The evidence showed forward flexion limited to 45 degrees with a combined range of motion of 186 degrees, without muscle spasm or guarding severe enough to result in an abnormal gait or spinal contour.

The Board finds that the evidence is at least in equipoise as to whether the Veteran's lumbar spine disorder, bilateral knee disorders, neurological disorder of the lower extremities (cramps, numbness, radiculopathy), and cervical spine disorder are secondary to his service-connected right ankle disability. Service connection for these conditions has been granted.

The Board has determined that the Veteran's claimed disorders are not related to his active service or are due to a nonservice-connected condition, and thus, denied all of his claims.

The Board has determined that further development is required before the cervical spine disability claim can be adjudicated. The Veteran's cervical spine disability may have been related to service, but an additional VA examiner opinion is needed to address this issue.

The Veteran's degenerative arthritis of the cervical spine was granted a 20 percent disability rating for the period prior to December 22, 2016.

The Veteran's claims for increased ratings were denied, with the exception of a granted 20 percent disability rating for right lower extremity radiculopathy.

The Board has remanded the case due to insufficient medical opinions regarding the etiology of the Veteran's back disability. The appeal is now pending for further review.

The Board found that the Veteran does not have a current bilateral ankle disability. For his neck and back disabilities, as well as hypertension, service connection is denied due to lack of evidence linking these conditions to service or any presumptive exposure basis.

The Veteran's service connection claims for bilateral hearing loss, cervical spine disability, left shoulder disability, right shoulder disability, bilateral arm disability, and bilateral hand disability have all been denied. The Veteran has not established a current disability for any of these conditions.

The Veteran was granted service connection for a lumbar spine disorder, but denied service connection for a cervical spine disorder. The Board found that the Veteran's back problems began in service and have continued since then, while his neck issues did not occur during service.

The Board has denied the Veteran's claims for service connection for Hepatitis C, and denied his claims for service connection for a back condition, cervical condition, PTSD, and major depressive disorder and/or generalized anxiety disorder. The issues of service connection for bilateral hearing loss, a back condition, a cervical condition, PTSD, and major depressive disorder and/or generalized anxiety disorder are pending.