Neck / cervical spine decisions — 2018

The Veteran seeks to reopen claims for service connection for an acquired psychiatric disorder, a cervical spine condition, and a seizure disorder. New evidence has been submitted that relates to unestablished facts necessary to substantiate the claims.,New evidence supports reopening of claims for service connection for an acquired psychiatric disorder and a cervical spine condition. The claim for a seizure disorder remains denied as new evidence does not relate to an unestablished fact.

The Board finds that the evidence is at least in equipoise as to whether the Veteran's cervical spine, lumbar spine, and sinusitis/rhinitis disabilities are related to service. The claims for these conditions have been granted.

The Board has determined that the Veteran's cervical spine and thoracolumbar spine conditions are related to service, while his migraine headaches as a result of electrical shock are also related to service. However, the Veteran's degenerative changes of the thoracolumbar spine were not caused by or aggravated by active duty service.

The Veteran's sleep apnea is etiologically linked to his service-connected cervical stenosis, and the Board has granted service connection for this condition.

The Veteran's current cervical and lumbar spine degenerative disc disease is at least as likely as not the result of injuries in service.,It is at least as likely as not that the Veteran has irritable bowel syndrome that was incurred in or first manifested during active service.

The Veteran's service-connected disabilities have resulted in a combined evaluation of 70 percent, qualifying him for TDIU as of October 28, 2016. The claim for home adaptation grant or specially adapted housing is granted.

The Board finds that the Veteran's current cervical spine disability, diagnosed as cervical disc disease, had its onset during his time of active duty service and has continued since. Therefore, the claim for service connection is granted.

The Veteran's service-connected residuals of injury to the nose with deviated septum is found to aggravate his current sleep apnea, which was previously denied. The Board finds that the Veteran has a disability manifested by loss of peripheral vision and grants service connection for this condition as secondary to his service-connected residuals of injury to the nose with deviated septum. Service connection is also granted for cervical spine disability, right shoulder disability, left shoulder disability, and bilateral carpal tunnel syndrome as secondary to service-connected conditions.

The Veteran's claims for increased ratings have been denied as the evidence does not meet the criteria for higher disability ratings under the applicable rating schedule.

The Veteran's cervical spine disability was rated at 20 percent prior to January 16, 2014 and increased to 30 percent thereafter. The Board denied a higher rating for the period before January 16, 2014 and denied any higher rating from that date forward.

The Board has found that further development is needed for VA to fulfill its duties under the Veterans Claims Assistance Act of 2000 (VCAA). The Veteran's claim will be remanded for obtaining relevant records from SSA, VA, and private providers.

The Veteran's appeal is being remanded for additional development, including obtaining updated medical records and scheduling a VA examination to assess the severity of his service-connected cervical spine condition.

The Veteran's right knee disability, characterized as chondromalacia and meniscus tear, is found to be secondary to his service-connected left knee condition. The Board has granted a rating of 10% for the Veteran's right knee disability.

The Veteran's cervical spine disability is rated at 20 percent, effective from the date of this decision. The lumbar spine disability remains rated at 20 percent.

The Board has determined that the Veteran's current neck disability, diagnosed as degenerative disc disease of the cervical spine with multilevel cervical herniated nucleus pulposus from C4-C7, was caused by military service and grants service connection for this condition.

The Veteran's claims for service connection are being remanded due to the need for a VA examination and additional development of his medical records.

The Veteran is unable to secure or follow a substantially gainful occupation due to his service-connected disabilities, which include PTSD, back and neck conditions. The Board grants the TDIU.

The Veteran's appeal is being remanded for further development due to the need for a medical opinion regarding the presence of ankylosis in his cervical spine.

The Veteran's cervical spine disorder, including spinal stenosis, is found to have started during his military service and the Board grants this claim. The claims for deviated septum and sleep apnea are being remanded.

The Veteran's claim for an initial disability rating in excess of 10 percent for cervical spine degenerative disc disease and joint disease is being remanded due to the need for a new VA examination to assess the severity of his condition, including during flare-ups.