Neck / cervical spine decisions — 2020

The Veteran's left shoulder disability is denied as the evidence does not support a finding that it began during service or is related to an in-service injury.,A rating of 50 percent for migraine headaches is granted, based on severe economic inadaptability caused by migraines occurring once every month and lasting up to two days.,The Veteran's cervical spine disability is denied as the evidence does not support a finding that it meets the criteria for an increased rating beyond the current 30 percent.

The Veteran's right and left foot hallux valgus, as well as other service-connected conditions, have been rated at the maximum schedular rating of 30 percent since September 22, 2009. The Board has granted a higher rating for these conditions.,TDIU is granted effective September 22, 2009, based on the Veteran's service-connected orthopedic disabilities.

The Board denied service connection for cervical spine disability and bilateral shoulder disability due to willful misconduct in the July 1965 motor vehicle accident. The Veteran's injuries were not incurred or aggravated by military service.

The Board denied service connection for bilateral hearing loss and a lumbosacral or cervical strain, claiming as back soreness. The Veteran did not meet the threshold requirements for hearing loss under VA regulations and there was no evidence of in-service injury or disease related to his claimed conditions.

The Board has remanded the Veteran's claims for service connection and increased ratings due to inadequate rationale in previous VA examination reports.

The Veteran's cervical spine disability has been rated at 20 percent, and the Board finds that an increased rating to 30 percent is warranted.,The Veteran's lumbar spine disability has been rated at 40 percent, and the Board finds no evidence of a higher rating based on current symptoms.

The Veteran's cervical spine disability, left ear hearing loss, and right ear hearing loss have been granted service connection.,Service connection for the Veteran's cervical spine disability is granted as it was incurred during his military service. The Board found that there was an approximate balance of positive and negative evidence regarding whether the current cervical spine disability is related to his in-service injury.,The Veteran's left ear hearing loss has been granted service connection based on noise exposure during service, despite a VA examiner stating it was less likely than not caused by service. The Board found that there was an approximate balance of positive and negative evidence regarding whether the current left ear hearing loss is related to his in-service noise exposure.,The Veteran's right ear hearing loss has been denied as he does not meet the criteria for a disability under VA standards, despite his contentions and service connection for tinnitus.

The Veteran's service-connected disabilities do not meet the criteria for special monthly compensation based on aid and attendance due to his ability to dress himself, keep himself clean, feed himself, attend to personal needs, and protect himself from daily hazards.

The Board denied the Veteran's claims for service connection due to lack of new and relevant evidence that could establish a link between his current disabilities and his military service.

The Board dismissed the claim of service connection for a sarcoma of the right upper back, later characterized as a lipoma on the neck. The Veteran's claim was granted in November 2019 and became effective February 15, 2019.,The temporary total rating for convalescence following treatment for the lipoma on the back of the neck was denied because it occurred before service connection was established.

The Board has determined that new and relevant evidence has been submitted to warrant readjudication of the Veteran's claim for service connection for a cervical spine condition. The case is now remanded for further action, including obtaining a VA medical opinion on the etiology of the Veteran's current cervical spine condition.

The Veteran's claims for service connection were denied due to lack of evidence linking the current disabilities to his active duty service.,Service connection was granted for tinnitus, effective March 30, 2015.

The Veteran's appeal for service connection for bladder cancer has been withdrawn. The Board has also remanded the cases of left ear hearing loss and degenerative joint disease of the cervical spine for further evaluation.

The Board denied service connection for a cervical spine disorder, finding that the Veteran's current condition did not originate in or was not caused by his military service.

The Board has decided to remand the cases due to the need for additional development, including obtaining SSA records and medical records related to the Veteran's claims.

The Veteran's cervical spine disability has been rated at 30 percent since August 28, 2019. This rating is granted for the entire period on appeal.

The Board has granted service connection for a lumbar spine condition and a cervical spine condition, finding that the evidence is at least in equipoise as to whether these conditions are caused by the Veteran's service-connected knee and shoulder disabilities.

The Board has determined that the Veteran's service connection claims for a cervical spine disorder, lumbar spine disorder, left upper extremity radiculopathy, right upper extremity radiculopathy, left lower extremity radiculopathy, right lower extremity radiculopathy, and traumatic brain injury are not supported by competent evidence of a nexus to his active service. The Veteran's STRs do not show any complaints or diagnoses related to these conditions until many years after separation from service.

The Board has remanded the claims of service connection for bilateral hearing loss, left leg numbness, and cervical strain due to insufficient evidence.,Service connection was denied for bilateral hearing loss as there is no current disability meeting VA criteria.

The Board has remanded the Veteran's claims for further development due to duty-to-assist errors and the need for VA examinations.