Neck / cervical spine Board decisions

The Veteran's appeal is remanded for additional development, including obtaining VA treatment records and scheduling a neurological examination to assess the severity of his cervical spine disability and any associated neurological manifestations.

The Board has determined that there is no evidence to support the Veteran's claims for compensation under 38 U.S.C.A. § 1151 for cervical myelopathy and degenerative disc and joint disease of the lumbar spine as a result of the December 2004 VA examination.

The Board has remanded the case for further development, including obtaining updated VA treatment records and scheduling a VA examination to address service connection claims for cervical spine disability, left shoulder disability, right shoulder disability, and bilateral hearing loss.

The Veteran's neck and back disorders are found to have originated in service, with the Board granting service connection for both conditions.

The May 1997 and April 1998 rating decisions denied service connection for various conditions, while the July 2001 decision granted service connection for osteoporosis of the upper spine. The effective date is retroactive to December 16, 1996.

The Board has reopened the Veteran's claim of service connection for degenerative disc disease of the lumbosacral spine and related cervical and thoracic spines. The case is remanded to schedule a VA examination and readjudicate the claims.

The Board denied service connection for residuals of head injury, cervical spine disorder, and lumbar spine disorder.,Service treatment records do not document the claimed head injuries or provide a basis for presumptive service connection.

The Veteran's TDIU claim is being remanded for a new VA Social and Industrial Survey to consider her complete disability picture, including her service-connected conditions.

The Veteran's claim to reopen service connection for a cervical spine disability is granted. The Board finds that the evidence received since the February 1993 rating decision is new and material, thus allowing the reopening of this claim. For his facial lacerations, the Veteran receives a 30 percent disability evaluation under Diagnostic Code 7800. His lumbar spine disability warrants an initial disability rating of 40 percent as of January 10, 2014.

The Board found that the Veteran's spinal disorder was not incurred in or aggravated by service and is not proximately due to, the result of, or aggravated by a service-connected disease or injury. The arthritis of cervical and thoracic spine did not manifest within one year of discharge from service.

The Board found that the Veteran's current neck disability was not incurred in or aggravated by service and could not be presumed to have been incurred due to lack of evidence showing arthritis within one year post-service. The claim for service connection is therefore denied.

The Board has determined that the Veteran does not meet the criteria for service connection for any of the claimed conditions, including tinnitus, left foot disability, right foot disability, neck disability, and unspecified shoulder disability. The decision is denied.

The Board has determined that the Veteran's current disc protrusion at C6-7 with degenerative changes is the result of an in-service injury, and thus service connection for this condition is granted.

The Veteran's service-connected conditions, including PTSD, cervical spine degenerative joint disease, and bilateral upper extremity radiculopathy, have resulted in unemployability from April 15, 2009 to July 31, 2011. As of July 1, 2014, the Veteran's service-connected conditions, including PTSD, cervical spine degenerative joint disease, bilateral upper extremity radiculopathy, and prostate cancer, have resulted in unemployability.

The Veteran's cervical spine disability, alone with the use of sedating medications or associated peripheral neuropathy of the upper extremities, has not been shown to be so exceptional or unusual as to warrant a higher rating on an extra-schedular basis.

The Veteran meets the schedular criteria for a TDIU from October 1, 2012. The competent and credible evidence of record shows that his service-connected disabilities prevent him from securing and following a substantially gainful occupation.

The Board has remanded the case for additional development, including obtaining active duty training records and seeking addendum opinions from a dermatologist and an orthopedist.

The Board finds that the Veteran's cervical spine degenerative joint disease and bilateral upper extremity neuropathy are not related to his military service, and therefore, cannot be granted service connection.

The Board found that the Veteran's right arm condition was not incurred in or aggravated by service, as it pre-existed his military service and any aggravation was temporary.,Regarding the cervical spine condition, the Board determined that the disability existed prior to service and was not aggravated beyond its natural progression.

The Veteran's request for a Board hearing has been granted, and he is scheduled for the next available video-conference or Travel Board hearing before a Veterans Law Judge.