Neck / cervical spine decisions — 2018

The Veteran's appeals for increased ratings for his cervical spine disability have been dismissed due to the Veteran's request for withdrawal of all issues from his attorney.

The Board has determined that new and material evidence has been received to reopen the Veteran's claims for service connection for low back, left knee, right leg, cervical spine, and psychiatric disorders. The claim for service connection for a lung disorder is also granted. The Veteran's psychiatric disorder is found to be secondary to his service-connected right knee disability.

The Board has determined that the Veteran's injuries, including his lumbar spine disability, cervical spine disability, residuals of a fractured skull, traumatic brain injury, headaches, vertigo, neurological condition affecting bilateral lower extremities (claimed as pain and muscle spasms), neuropathy of upper extremities, and acquired psychiatric disorder (claimed as PTSD) are due to his own willful misconduct. As such, these claims for service connection are denied.

The Board has determined that the Veteran's thoracolumbar spine disability did not manifest in service or for many years thereafter, and therefore denied his claim of entitlement to service connection.

The Board has remanded the Veteran's claims for entitlement to service connection for a back disability and degenerative disc disease of the cervical spine due to inadequate development.

The Veteran's service-connected conditions do not render him unable to secure and follow a substantially gainful occupation.

The Veteran's appeal of the issues related to cervical spine disorder, headaches, left lower extremity sciatica, ulnar nerve disorder, right ear hearing loss; increased ratings for depression, left varicocele, right lower extremity muscle atrophy and sciatica, low back pain syndrome with grade 1, L5-S1 spondylolisthesis, and; an earlier effective date for service connection for right lower extremity muscle atrophy and sciatica has been withdrawn due to the award of TDIU effective from November 1, 2009.

The Board has determined that the Veteran's cervical spine, lumbar spine, and right shoulder disorders are not related to his military service. The claims for service connection have been denied.

The Board has determined that the Veteran's cervical spine disability, diagnosed as degenerative arthritis, is service-connected and warrants a rating of 40 percent.

The Board found no evidence of a current disability and determined that the Veteran's neck/cervical spine disorder, to include possible upper extremity radiculopathy, is not related to service.

The Board has remanded the case due to inadequate medical opinions and outstanding records. The Veteran's cervical spine disability is being reviewed for service connection, with consideration of all relevant evidence.

The Board has determined that the Veteran does not have a current disability related to his lumbar or cervical spine, and therefore service connection is denied for these conditions.,Regarding the reduction of the rating for residuals of left ring finger fracture, the evidence shows no limitation in function due to the scar. The Veteran's hand grip strength is noted as decreased compared to the right hand.

The Board has granted service connection for DDD of the cervical spine and assigned a 20% evaluation, effective December 23, 2015. The Veteran's claim for right leg hamstring tendon harvest was also granted.

The Veteran's claims for higher initial ratings for various service-connected disabilities have been denied. The RO found that the current ratings adequately reflect the severity of the Veteran's conditions.

The Veteran's cervical spine disability is rated as 20 percent disabling, and her Raynaud's phenomenon is rated as noncompensable. The Board finds that the current ratings adequately reflect the severity of these disabilities.

The Veteran's appeal is being remanded to obtain additional medical records and conduct further examinations. The issues on appeal include service connection for various disabilities, as well as rating claims.

The Board finds the evidence is evenly balanced as to whether the Veteran's service-connected disabilities preclude him from obtaining and retaining substantially gainful employment, thus granting a TDIU.

The Veteran's service-connected disabilities, including radiculopathy of the right upper extremity, degenerative disc disease of the cervical and lumbar spine, tinnitus, and hearing loss, do not meet the schedular criteria for TDIU prior to June 3, 2013. The Board finds that he is unable to secure or follow substantially gainful employment due to his service-connected disabilities as of that date.

The Veteran's claims for increased ratings for her right shoulder and cervical spine disabilities were denied as there was no evidence of additional functional loss or impairment due to pain, weakness, fatigue, or incoordination.

The Board has determined that the Veteran does not have a current diagnosis of left ear hearing loss disability for VA purposes or a cardiac disability, including coronary artery disease. Therefore, service connection is denied for these conditions.