Neck / cervical spine decisions — 2018

The Veteran's service connection claims for degenerative arthritis of the right shoulder, cervical spine, left hip, and right hip are all granted.

The Board has determined that the Veteran's appeal for various service connection claims, including those related to his throat disorder and diabetes mellitus, have been withdrawn. The claim for a throat disorder was not reopened due to lack of new and material evidence. Service connection for diabetes mellitus, heart disability, and neuropathy of the upper and lower extremities were also denied.

The Veteran's appeals for service connection for traumatic brain injury and bilateral eye irritation and blurred vision have been withdrawn. The appeal for an initial rating in excess of 20 percent for low back strain status post hemilaminectomy, the appeal for an initial rating in excess of 10 percent for degenerative joint disease, cervical spine (cervical spine disability), and the appeal for an initial rating in excess of 10 percent for right knee osteoarthropathy have been dismissed.

The Veteran's service-connected disabilities, including his cardiovascular and cervical spine conditions, render him unable to secure and follow substantially gainful employment. The Board finds that the evidence supports a finding of unemployability due to these disabilities.

The Board has granted service connection for residuals of fractures of the fourth and fifth toes of the left foot, bilateral leg disability (lumbar radiculopathy), neck disability, and left hand disability. Service connection for an acquired psychiatric disorder (PTSD and depressive disorder) is also granted.

The Board has decided the case is not ready for final decision and has ordered additional development to clarify whether the Veteran's neck disability is related to service.

The Board has granted a 30 percent rating for cervical spine disability since September 19, 2016. The Veteran's condition is not considered service-connected due to the absence of ankylosis or intervertebral disc syndrome (IVDS).

The Veteran's lumbar disc herniation and cervical strain have been rated based on their underlying conditions, not separately for radiculopathy.,Radiculopathy associated with the Veteran's service-connected lumbar and cervical spine disabilities has resulted in separate ratings.

The Board denied the Veteran's claims for service connection for obstructive sleep apnea, cervical spine disorder, right shoulder disorder, and left shoulder disorder. The Board found that there was no evidence linking these conditions to his military service or any service-connected disability.

The Board has remanded the claims for service connection for a psychiatric disability and for a cervical spine disability to obtain VA examinations and opinions. The Veteran is required to provide updated information about his current address, and any outstanding private records must be obtained.

The Veteran's Meniere's disease is rated at 60 percent since August 17, 2016. The cervical spine disability was initially granted a noncompensable rating prior to October 30, 2013, and then increased to 10 percent from that date until August 17, 2016, when it was raised to 20 percent. A temporary total evaluation is in effect following surgery for the cervical spine disability requiring at least one month of convalescence.

The Veteran's cervical spine disability and associated upper extremity radiculopathies are now rated at 20 percent, 30 percent, and 20 percent respectively, effective March 1, 2013.,A temporary total rating for convalescence following the November 26, 2012, neck surgery was granted from November 26, 2012 to March 1, 2013. The Veteran's recovery required continued use of a cervical collar until August 2013.,The effective date for these ratings is set at March 1, 2013.

The Veteran's kyphosis was not aggravated by his service, and the Board finds that he did not meet the criteria for service connection.

The Board denied service connection for the Veteran's cervical spine disability and headaches, finding that new evidence did not establish a nexus to her in-service injury.

The Veteran's low back and neck disabilities are currently diagnosed, but the Board finds that further development is needed to determine their etiology. The gynecological disorder claim requires a VA examination to assess its relationship to service. The heart disability and lung disability claims also require additional medical opinions.

The Board has determined that the Veteran's cervical spine, lumbar spine, and right hip disabilities may be related to service based on her reports of symptoms during service and subsequent to service. As such, a new VA examination is required to determine if these conditions are at least as likely as not caused by or incurred in service.

The Board found that there is no nexus between the claimed cervical spine disability and the in-service injury, as evidenced by the lack of documented signs or symptoms during service. The Veteran reported a history of injuring his neck in 1986/1987, but the available service treatment records do not indicate any such injury or subsequent issues with the neck. The Board concluded that there is insufficient evidence to establish service connection for this condition.

The Veteran died in August 2013 due to prostate cancer with metastases. The Board found no pending claim at the time of death and denied accrued benefits.

The Veteran's service-connected low back disorder, cervical spine disorder with degenerative changes, and right knee injury have rendered him unable to secure or follow a substantially gainful occupation since June 30, 2010. The effective date for the TDIU is set at September 17, 2012.

The Board has denied the Veteran's claims for service connection for neck, right knee, and left knee disabilities due to a lack of evidence linking these conditions to his military service.