Neck / cervical spine Board decisions

The Board found that the Veteran's cervical spine disability is not causally related to his military service and denied his claim.

The Board has determined that the Veteran's cervical spine disability was not incurred in or aggravated by service and is not due to a service-connected disability. The right ankle disability issue remains pending as it will be addressed in the REMAND portion of the decision.

The Board has remanded the case due to a scheduling error for a hearing before a Veterans Law Judge at the RO. The Veteran's current address needs to be determined and he will be notified of his scheduled hearing.

The Board denied the Veteran's claims for service connection of hypertension, sleep apnea, and a neck disability. The claim for hearing loss was also denied as it did not meet the criteria for a compensable rating. The Veteran's PTSD was rated at 50 percent from November 21, 2003, but his TDIU claim remains pending.

The Veteran's TDIU claim was granted effective May 1, 1997 due to the combined rating of his service-connected disabilities meeting the minimum criteria for entitlement to benefits. The DEA claim was granted effective May 5, 1994, when he first demonstrated a permanent and total disability.,The Veteran's unemployability is based on his service-connected lumbar, cervical, thoracic spine, bilateral joint degenerative arthritis, right elbow contracture with ulnar nerve compression symptoms, and multiple joint chondromalacia. The VA examinations and private rehabilitation counselors' statements support the conclusion that he cannot secure or follow a substantially gainful occupation due to these disabilities.

The Veteran's claim for concurrent receipt of VA disability compensation and military retirement pay from June 24, 1993, through January 2004 was denied as there is no legal basis to award the Veteran such benefits.

The Board has remanded the case due to inadequate medical opinions in previous decisions. The Veteran's claims for service connection and secondary service connection are now pending.

The Veteran's appeal is being remanded for additional development, including obtaining treatment records and providing VA examinations to address the nature, extent, and etiology of his claimed conditions.

The Board has determined that the Veteran's current bilateral tinnitus is related to noise exposure during service, and thus grants service connection for this condition. The other issues are addressed in the REMAND portion of the decision.

The Board has remanded the case for further development, including obtaining VA and SSA records, scheduling a VA examination, and ensuring compliance with previous remand directives.

The Board has determined that the Veteran's upper and low back disabilities are service-connected, with the opinion of a VA physician supporting this determination.

The Veteran's cervical spine disability is currently rated at 30 percent, and he is granted a TDIU effective from May 19, 2004.

The Board has remanded the case due to an inadequate VA examination, and now requires a new opinion on whether the Veteran's nonservice-connected cervical spine disability is aggravated by his service-connected lumbar spine disability.

The Board has remanded the claims for further development due to inadequate addendum opinions and a need for additional medical examination.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Veteran's right leg fracture residuals did not meet the criteria for an evaluation in excess of 10 percent prior to July 13, 2013.

The Veteran's service-connected disabilities do not render him unemployable, as his limited range of motion is attributed to nonservice-connected lung cancer and post-surgical treatment.

The Board has determined that the Veteran's current cervical spine, lumbar spine, and right wrist disorders are not related to his active service. The Veteran's claims for these conditions have been denied.

The Veteran's cervical stenosis and spondylosis, status-post C3 to C6 discectomy and fusion, are currently rated at 40 percent due to ankylosis of the cervical spine in extension. The scar of the right anterior neck is rated at 10 percent.

The Board dismissed the claims of service connection for lumbar and cervical spine disorders due to a lack of evidence showing their onset during military service, and because the Veteran had filed a timely appeal on these issues. The CUE claims regarding the September 30, 2008 rating decisions are now moot.