Neck / cervical spine decisions — 2018

The Veteran's cervicalgia from myofascial pain syndrome is currently rated at 10 percent, the maximum available rating under the General Rating Formula for Diseases and Injuries of the Spine. The Board finds that this rating adequately reflects the severity of her disability.

The Board found that the Veteran's cervical and lumbar spine disabilities are not related to service, as there is no credible evidence linking these conditions to his military service. The most probative medical opinion concluded that any current upper or lower back disabilities were less likely caused by or a result of service.

The Veteran's cervical spine disability is granted service connection. The lumbar spine disability is rated at 60 percent, but no higher. An effective date of February 20, 2009 for the TDIU is granted.

The Veteran's appeal is being remanded due to the need for additional examinations and records to assess the current severity of his service-connected lumbosacral and cervical spine disabilities.

The Veteran's service connection claims for a cervical spine, lumbar spine, loss of teeth, right foot, and left foot disabilities are all granted. The diagnoses were found to have onset during active service.

The Veteran's cervical spine disability was not incurred in service and may not be presumed to have been incurred therein. The reduction of the evaluation for lumbosacral strain from 20% to 10% effective April 1, 2017 was improper.

The Board has denied the Veteran's claims of service connection for lumbar spine, cervical spine, and bilateral hip disabilities due to a lack of evidence linking these conditions to active service.

The Board has determined that the Veteran's neck and low back conditions are service-connected as they are related to her active duty service.,Service connection is granted for a neck disability (muscle spasms) and a low back disability (muscle spasms).

The Board finds that the Veteran's neck disorder is related to his in-service accident and grants service connection for this condition.

The Board has remanded the case for additional development, including obtaining service personnel records and VA treatment records. The Veteran's psychiatric disability is also being referred to a different examiner for preparation of an addendum opinion.

The Board finds that the Veteran's bilateral shoulder disability, cervical radiculitis, and bilateral upper radiculopathy are not related to active service or any incident of service. The claims for service connection are therefore denied.

The Board has determined that the Veteran is not entitled to service connection for his claimed cervical spine disorders and radiculopathy, as there is no medical evidence establishing a link between these conditions and his active service.

The Veteran's combined service-connected disability rating has been evaluated at 70 percent since February 1989. The Board found that the RO correctly applied the bilateral factor and did not warrant a higher evaluation.

The Board has ordered additional development due to outstanding records and remands from previous decisions. The Veteran's claims for service connection are pending.

The Board has ordered a remand due to the inadequacy of the August 2012 VA examination, which did not address the date of diagnosis and the relationship between the Veteran's right shoulder condition and his neck disability.

The Board has determined that the Veteran's cervical spine disability is not incurred in or aggravated by his active duty service and is not caused or aggravated by his service-connected lumbar spine disability.