Neck / cervical spine Board decisions

The Board has determined that the Veteran's current lumbar and cervical spine disabilities are not related to his active service, and thus denied his claims for service connection.

The Veteran's appeal is being remanded for additional development to obtain outstanding VA and private treatment records, as well as a VA examination to assess the severity of his service-connected left ankle disability. The claims will be readjudicated after this additional development.

The Board has remanded the case for additional development to determine if the Veteran's hearing loss, neck disability, and back disability are related to his service in the United States Army National Guard.

The Veteran's left knee disability, including instability and meniscal tear with degenerative joint disease, warrants a 10 percent rating since March 2006. A separate 10 percent rating is granted for left knee instability from October 14, 2009 to December 3, 2013.

The Board has received additional private treatment records and the Veteran's lay statement, which have not been reviewed by the RO. The case is being remanded to allow for a de novo review of these documents.

The Veteran withdrew her appeals for increased ratings of neck, right knee, and low back disabilities during the September 2014 Board hearing. The case is dismissed as a result.

The Veteran's cervical spine disability, which manifests in forward flexion of the cervical spine approximating 30 degrees and abnormal spinal contour, is currently rated as 20 percent disabling.

The Veteran's cervical strain with mild degenerative changes at C4-5 and C5-6, lumbar strain, right shoulder degenerative joint disease with partial supraspinatus tear, and right carpal tunnel syndrome are each rated as 20 percent disabling effective May 20, 2014.

The Board has remanded the case for further development, including obtaining VA treatment records and a medical opinion regarding the presence of arthritis in the Veteran's cervical spine. The Veteran is also asked to provide authorization for release of any private treatment records.

The Veteran's appeal is being remanded due to his failure to report for scheduled VA examinations and the need to reschedule them. Additionally, a supplemental statement of the case must be issued as part of this process.

The Veteran's service-connected thoracolumbar degenerative arthritis, cervical spine disability, left knee mild degenerative changes, and right knee chondromalacia have resulted in a TDIU effective June 2, 2009. The RO reduced the rating for his thoracic spine disability from 40 percent to 10 percent effective January 20, 2010, but this reduction was not proper.

The Veteran's claims for effective dates prior to July 12, 2010 for the awards of service connection for lumbar and cervical spine degenerative disc disease are denied.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling the Veteran for appropriate examinations to determine the current severity of his service-connected cervical spine disability. The issue of entitlement to TDIU based on the provisions of 38 C.F.R. § 4.16 has also been reasonably raised by the record but has not been considered.

The Veteran's service-connected thoracolumbar spine scoliosis, status post lumbar spine fusion, with degenerative disc disease and arthritis, is currently rated at 20 percent. The RO denied an increased rating for this condition as the evidence did not show symptoms warranting a higher evaluation under the amended criteria.

The Board has remanded the case for further development due to a lack of clarity regarding the etiology of the Veteran's current spinal disability and whether it is related to his military service.

The Veteran's cervical spine strain is currently rated at 10 percent, and her service-connected disabilities do not prevent her from obtaining or maintaining a substantially gainful occupation.

The Veteran's service-connected cervical and lumbar spine disorders are currently evaluated at the 20 percent rating, which is the maximum schedular evaluation available under the General Rating Formula for Diseases and Injuries of the Spine. The evidence does not support a higher evaluation.

The Veteran's claim for service connection for degenerative disc disease with left upper extremity radiculopathy, cervical spine is being remanded due to the need for a new VA examination and consideration of all relevant evidence.

The Board has determined that the Veteran's degenerative disc disease of the cervical spine and lumbar spine are related to his period of active duty for training, thus granting service connection for these conditions.

The Board found that the Veteran's cervical spine and left shoulder disabilities were not incurred or aggravated by service, as there was no evidence of a chronic condition during service or within one year after separation. The VA examinations did not establish a link between current conditions and service.