Neck / cervical spine decisions — 2018

The Board denied the Veteran's claims for service connection for a cervical spine disability, increased rating for bilateral pes planus, and increased rating for right shoulder impingement syndrome. The appeals were remanded multiple times due to procedural issues.

The Veteran's service-connected cervical spine and left shoulder disabilities are currently rated at 20 percent each, but the Board finds that these ratings do not meet the criteria for higher evaluations.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and conducting examinations to determine the etiology of his left hand disorder. The TDIU claim is also inextricably intertwined with the service connection claim.

The Board has determined that additional development is needed to address the Veteran's claims, including obtaining medical records and providing supplemental opinions regarding her service connection claims.

The Veteran's skin condition is presumed to be due to Agent Orange exposure. Service connection for this condition is granted.,There is no current diagnosis or persistent symptoms of dizziness and fainting spells, and the evidence does not establish a link between these conditions and service.

The Veteran's claim for service connection for a neck disability is being remanded due to the need for additional development, including an updated VA examination and diagnostic tests.

The Veteran's appeal involves multiple issues including service connection for various disabilities, rating determinations, and a TDIU claim. The case is being remanded to obtain additional records from SSA, provide the Veteran with proper notice regarding his TDIU claim, schedule him for a VA examination of his lumbar spine disability, and undertake further development as necessary.

The Board found that new and material evidence had been received to reopen the claim of service connection for a low back disability, but denied the claim as there was no evidence showing it is related to service or service-connected cervical spine disability. The Veteran's need for aid and attendance due to his service-connected disabilities was also denied.

The Veteran withdrew his appeal concerning the claims for service connection for a back disability and a neck disability, to include arthritis.

The Veteran's cervical spine disability is rated at 30 percent, effective June 18, 2016. The rating decision also increased the rating of the cervical spine disability from 10 to 30 percent effective April 27, 2017.

The Board has denied the Veteran's claims of service connection for tinnitus, a psychiatric disorder (anxiety, depression, PTSD), bilateral foot disorder, cervical spine disorder, right ankle disorder, left ankle disorder, right knee/leg disorder, left knee/leg disorder, right hip disorder, left hip disorder, right shoulder disorder, and left shoulder disorder. The Board found no current disabilities related to these conditions.

The Board has remanded the claims due to the need for additional development, including obtaining outstanding medical records and providing a new VA opinion on the etiology of the Veteran's lumbar spine, cervical spine, and headaches disabilities.

The Board has determined that the Veteran's bilateral ankle and cervical spine disabilities are related to his service, with current diagnoses of arthritis. The claims for service connection have been granted.

The Veteran's service connection claims for back disability, eye disability, cervical spine disability and right ankle disability were denied. The claim for headaches was granted as secondary to his service-connected PTSD. His gastritis is currently rated at 10 percent.

The Veteran's service-connected disabilities do not render him unable to secure and follow a substantially gainful occupation consistent with his educational and occupational background. Therefore, the claim for TDIU is denied.

The Board found no evidence of a current disability related to service for the claimed conditions, including cervical spine degenerative joint disease, bilateral foot disability, bilateral knee injury, bilateral lower leg injury, and bilateral hand injury. The Veteran's statements regarding in-service injuries were not supported by medical evidence or treatment records.

The Veteran's service-connected left lower extremity popliteal nerve injury with foot drop is rated at the highest available rating without violating the Amputation Rule. His SFW scars are not compensably rated due to their static nature.

The Board denied service connection for TBI claimed as brain trauma with stroke, migraine headaches, cervical spine disorder, upper arm neuropathy and radiculopathy, low back disorder, and GERD. The Veteran's disabilities were not shown in service or within one year thereafter, and are not otherwise etiologically related to the Veteran's service.,The Board found that there was no evidence of a TBI during service and provided a negative nexus opinion.

The Veteran's appeals were denied for various issues, including cervical spine DJD, depression, PTSD, and bilateral hip disability. The claims for depression and PTSD were not reopened due to lack of new and material evidence, while the claim for service connection for a bilateral hip disability was denied as no causal relationship could be established.

The Board found no in-service injury or event related to the cervical spine disability, and thus denied service connection.,The Veteran's bilateral hearing loss was not shown to be caused by noise exposure during service, as evidenced by inconsistent treatment records and a VA examiner's opinion.