Neck / cervical spine decisions — 2018

The Board found that the Veteran's bilateral tinnitus did not originate in service or for many years thereafter and is not related to any incident during active service. The claim for service connection for cervical radiculitis of the left upper extremity was also denied.

The Board denied the Veteran's claims for service connection for various disabilities, including hypertension and rheumatoid arthritis. The issues of whether new and material evidence has been received to reopen a claim for service connection for bilateral leg disabilities were dismissed.

The Board has determined that the Veteran's post-operative lumbar spine injury residuals with degenerative arthritis originated during service and granted service connection for this condition. The issues of entitlement to service connection for a cervical spine disorder, left knee disorder, and an initial rating in excess of 50 percent for PTSD are addressed in the REMAND portion of the decision.

The Board has determined that the Veteran's cervical DDD is related to his service-connected TBI, and thus grants secondary service connection for this condition.

The Veteran's claims for increased ratings and special monthly compensation were denied. The Board found that the evidence did not meet the criteria for higher disability evaluations.

The Board has granted service connection for a cervical spine disorder and awarded TDIU based on the Veteran's service-connected disabilities.

The Veteran's claims for increased ratings and TDIU are being remanded due to inadequate VA examinations. The case will be returned to the Board after new examinations are obtained.

The Board found that the Veteran's cervical spine disorder is not related to his military service, including an inservice automobile accident. The claim for service connection was denied.

The Veteran's right knee disability was granted service connection and rated at 30 percent prior to January 5, 2010. From that date, the Veteran's right knee disability is rated at 30 percent. The Veteran's cervical spine disability is also granted service connection but not rated as it does not meet the criteria for a compensable rating under the General Rating Formula for Diseases and Injuries of the Spine.

The Veteran's cervical spine disability was previously rated at 20% prior to April 15, 2016. The Board found that the evidence did not support a higher rating for this period.

The Board denied the Veteran's claims for an extra-schedular rating for her cervical spine fusion and bilateral upper extremity radiculopathy from December 1, 2014 to February 6, 2015.

The Veteran's cervical spine disability is already adequately contemplated by the rating schedule, and thus an extraschedular rating is denied.

The Veteran's diabetes mellitus is found to have had its onset in service, and the Board grants service connection for this condition. The ratings for his back and neck disabilities are remanded.

The Veteran's appeal is being remanded for additional development, including obtaining VA examinations and securing any outstanding private treatment records.

The Board has determined that the Veteran's back disability is secondary to his service-connected knee disabilities, and thus service connection for this condition is granted.

The Board has reopened the Veteran's claim of service connection for a cervical spine disability and finds that new evidence received since the last final denial raises a reasonable possibility of substantiating the underlying claim. The current cervical spine disability is found to be proximately due to or aggravated by a service-connected lumbar spine disability.

The Veteran's child, J.G.C., should have been added as a dependent earlier than June 18, 2010. The Board found that the place of birth information for J.G.C. was not provided within one year of notification of the May 2007 rating decision.

The Board finds that the Veteran's right knee arthritis and cervical spine disability are secondary to his service-connected back disability, and grants service connection for these conditions.

The Veteran's appeal has been withdrawn by the Veteran, resulting in the dismissal of the case.

The Veteran's neck disability and abdominal muscle injury are being remanded for additional development, including VA examinations to assess the severity of these conditions. The TDIU claim is also being remanded due to its inextricability with the other claims.