Neck / cervical spine decisions — 2018

The Veteran's claims for effective dates earlier than October 13, 2010 for the grants of service connection for neck disability, left shoulder disability, and hypertension have been denied. The RO found that these claims were not filed prior to October 13, 2010.

The Veteran's diagnosed cervical spine disability had its onset during combat service in Vietnam, and the Board has determined that the criteria for direct service connection are met.

The Board has remanded the case due to insufficient evidence regarding the Veteran's cervical spine disability, including a lack of service medical records and an inadequate VA examination. The Veteran is directed to provide any additional pertinent evidence and for a VA examination to determine if his current cervical spine disability is related to active service.

The Board has determined that additional development is necessary and the appeal is REMANDED. The Veteran needs to provide records from SSA, obtain SPRs/STRs, and undergo VA examinations for his lumbar spine disorder, cervical spine disorder, acquired psychiatric disorders, and heart disorders.

The Veteran's neck and shoulder disabilities are found to be related to his military service, with the Board granting service connection for both conditions.

The Board has denied the Veteran's claims for service connection for a cervical spine condition and bilateral shoulder conditions, finding that there is no evidence of an in-service injury or disease, and that any current disabilities are not related to service.

The Board has granted service connection for Lyme disease with balance and gait problems, as well as a cervical spine disorder. The Veteran's current diagnoses are considered direct service connections.

The Board has determined that the Veteran's current cervical spine disability did not manifest during or as a result of active military service.,The Veteran's Bell's palsy is not etiologically related to his service-connected disabilities.

The Veteran's rating for his orthopedic manifestations of cervical spine disability was reduced from 20% to 10%, effective March 1, 2009, due to improvement in the range of motion. The reduction is considered proper as it reflects an actual change in condition.

The Veteran's service connection claims for various conditions, including bilateral hearing loss, tinnitus, cervical spine disorder, left and right knee disorders, bilateral foot disorder, eye disorder (claimed as bilateral nerve damage of the eyes), and erectile dysfunction, have been denied. The Board found that these conditions are not related to service.

The Veteran's cervical spine disability is rated at 20 percent, but does not meet the criteria for a higher rating due to limited flexion.,For the period prior to April 22, 2008, and excluding the temporary 100% rating from April 22, 2008, to May 31, 2008, the Veteran's lumbar spine disability is rated at 10 percent. The criteria for a higher rating are not met.,The Veteran's headaches prior to July 13, 2017, do not meet the criteria for a compensable rating due to lack of characteristic prostrating attacks.,From July 13, 2017, the Veteran's headaches do not meet the criteria for a disability rating in excess of 30 percent due to severe economic inadaptability.,The Veteran does not meet the preliminary schedular requirements for a TDIU.

The Veteran's service-connected disabilities, including chronic headaches and left upper extremity radiculopathy associated with cervical spine disease, prevent him from securing or maintaining substantially gainful employment.

The Board has determined that the Veteran's neck disability is etiologically related to his military service and grants service connection for this condition.

The Veteran's service-connected cervicothoracic dysfunction resulted in a combined range of motion of the cervical spine of 330 degrees with tenderness and muscle spasm, but no ankylosis or IVDS. The disability was rated at 10 percent prior to March 28, 2017.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and Social Security Administration (SSA) disability benefits records. An additional VA examination will be conducted to assess the current severity of his cervical spine disability, specifically whether he has a current diagnosis of right upper extremity radiculopathy.

The Board has determined that the Veteran's cervical spine disability is not service-connected due to a lack of medical nexus between his current condition and his period of active duty.,Service connection for an acquired psychiatric disorder, including PTSD, is granted as it is at least as likely as not related to personal trauma experienced during service.

The Veteran's claims for service connection are being remanded due to the need to consider all evidence, including a recent VA examination report. The TDIU claim is also deferred until these issues can be addressed.

The Veteran's claims for service connection are denied as he did not serve during a period of war, and the evidence does not support a finding that his current conditions are related to his military service.

The Veteran's appeal is being remanded due to the need for a new VA spine examination and consideration of his TDIU claim.

The Board has denied the Veteran's claims for increased ratings for cervical spine degenerative joint disease and hypertension, as well as his claim for service connection for a bilateral eye condition. The decision found that the Veteran's conditions did not warrant higher evaluations based on the criteria provided in the VA rating schedule.