Neck / cervical spine decisions — 2018

The Veteran's service-connected disabilities are found to preclude gainful employment, and a TDIU is granted.

The Board has granted service connection for an acquired psychiatric disorder, including major depressive disorder with somatic symptoms and obsessive-compulsive disorder. The remaining issues have been remanded as they require further development.

The Veteran's representative has withdrawn the appeals for increased ratings for degenerative arthritis of the cervical spine and lumbar strain with degenerative disc disease L5-S1.

The Board denied service connection for sleep apnea, cervical spine disorder, neurological disorders of the upper and lower extremities/hands/feet due to lack of evidence showing current disabilities. The Veteran's claimed conditions are not presumed due to herbicide exposure or any other basis.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims, including obtaining medical opinions and records.

The Board has remanded the appeal due to a need for additional development, including investigating the Veteran's account of an in-service injury and obtaining any related records.

The Board found no evidence of a service connection for the claimed acquired psychiatric disorder, cervical spine disorder, left shoulder disability, or bilateral hearing loss disability.,All three disabilities were not shown to be related to military service.

The Board has remanded the case for further development, including obtaining an addendum opinion regarding the etiology of the Veteran's cervical spine disability and adjudicating the matter of entitlement to TDIU.

The Veteran is entitled to a TDIU since November 17, 2011 and SMC based on the need for aid and attendance due to her service-connected disabilities.

The Veteran's claims for increased ratings were denied as the evidence did not show that his service-connected disabilities warranted a rating in excess of 60 percent.,The Veteran was granted a TDIU, effective December 2004.

The Veteran's cervical spine disability with DDD and DDD did not meet the criteria for a higher rating prior to December 9, 2011. From December 9, 2011 to March 13, 2014, and from May 1, 2014, his disability was rated at 20 percent based on forward flexion limited to 15 degrees or less.

The Board denied service connection for bilateral knee and neck disabilities, finding that the current conditions are not related to service.

The Board found that the Veteran's current chronic neck disability was not present during active service and did not manifest to a compensable degree within one year of separation. The most probative evidence also showed that the condition is not related to his active service or secondary to any service-connected disability.

The Board has determined that the Veteran's cervical spine disorder, including degenerative joint disease and degenerative disc disease, can be attributed to his military service. The decision is in favor of granting service connection for this condition.

The Veteran's service-connected conditions did not render her unemployable prior to July 31, 1996. The Board found that the criteria for a TDIU on an extraschedular basis were not met.

The Veteran's neck disability was rated at 30 percent effective July 28, 2017. The initial rating higher than 30 percent for the period prior to this date is not warranted.

The Veteran's appeal is being remanded for further development, including obtaining VA and private treatment records, scheduling examinations to determine the nature and likely cause of her claimed bilateral leg disability and neck disability, and another opinion regarding her psychiatric disorder.

The Veteran is seeking service connection for his right hand, left hand, cervical spine, and thoracic spine disabilities. The Board has determined that a remand is necessary to obtain an examination and opinion regarding the etiology of these disabilities.

The Board has determined that the Veteran's cervical and lumbar spine disabilities are related to service, as well as his bilateral lower extremity radiculopathy which is secondary to his lumbar spine disability. Service connection for these conditions is granted.

The Board denied service connection for cervical spine, right knee, and prostate disabilities. The Veteran's claims were not supported by current medical evidence or a nexus to service.