Neck / cervical spine Board decisions

The Veteran's increased rating claims for cervical spine disability and IBS are being remanded due to the need for new examinations and additional development.

The Board has determined that the Veteran does not have a current right ear hearing loss disability, and his service-connected right pterygium residuals do not meet the criteria for an initial compensable rating. The claims of service connection for right knee and right foot injuries are denied as there is no evidence of such conditions during active duty or within one year after discharge.

The appeal has been dismissed as the appellant withdrew it prior to a decision being made.

The Board has remanded the case for additional development, including obtaining VA treatment records and a VA examination to determine the nature and etiology of the Veteran's cervical spine disability and current severity of his lumbar spine disability. The appeal will be readjudicated based on all evidence.

The Veteran's service connection claim for renal cell carcinoma with metastatic disease of the left upper lung, parotid glands, right adrenal gland, and the right cervical area was granted. His initial rating for coronary artery disease was increased to 30 percent effective from August 31, 2010.

The Board denied the Veteran's claims for service connection and increased ratings, finding that his lumbar spine disability did not warrant a rating in excess of 40 percent, and denying separate ratings for radiculopathy. The left ankle sprain was also found to have moderate limitation of motion.

The Veteran's claims for increased ratings for cervical spine disability, left and right upper extremity radiculopathy were denied as his conditions did not warrant a higher rating based on the current evidence of record.

The Veteran's combined evaluation for compensation prior to July 2, 2013 is 60 percent (with no single disorder rated 40 percent). This falls short of the requirements for eligibility for scheduler TDIU. However, the Board finds that referral to the Director of Compensation and Pension Service is warranted for consideration of extraschedular entitlement to a TDIU.

The Veteran's PTSD is service-connected based on in-service stressors. The neck disability is not service-connected as there is no evidence of a chronic condition related to the in-service injury.

The Board has determined that the Veteran's cervical spine disorder is service-connected, but his lumbar spine disorder cannot be linked to his military service.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and scheduling the Veteran for a new VA examination to assess his cervical spine disability and any associated neurologic abnormalities.

The Veteran's claims are being remanded due to the need for a videoconference hearing. The issues include increased ratings for cervical and lumbosacral conditions, service connection for degenerative lumbosacral spondylosis, and service connection for a right shoulder disability.

The Veteran's claim for an earlier effective date for a separate rating for left upper extremity radiculopathy is denied as the evidence does not show that a compensable rating was warranted prior to February 24, 2011.,The Veteran's claim for increased ratings for his left ankle disability and left foot disability are denied as there is no evidence of moderate or marked limitation of motion within one year prior to the date of receipt of his claim.

The Veteran's appeal is being remanded for additional development, including obtaining SSA records and a VA examination.

The Board found that the Veteran's cervical spine disorder did not manifest during service or within one year of separation, and there is no evidence of a chronic disability in service. The VA examiners concluded that his current cervical strain was less likely related to his military service.

The Veteran's service-connected disabilities, which include a left leg disability, neck disability, and amputation of the middle finger, are considered as a single disability. The combined rating is 80 percent effective from August 18, 1977. He has also been awarded SMC for loss of use of the left foot and TDIU based on his service-connected disabilities. The Board finds that he does not meet the criteria for SMC based on need for aid and attendance due to his ability to leave home with assistance but does meet the criteria for SMC based on housebound status.

The Board denied the Veteran's claim for service connection due to a lack of nexus between his service and current disability. The Veteran's back disability is not causally or etiologically related to his period of active service.

The Board has determined that service connection for a cervical spine disability is granted, as the evidence is in equipoise regarding whether the Veteran's condition is related to an in-service injury.

The Veteran's degenerative disc disease of the cervical spine is likely related to service, and the Board has granted service connection for this condition. The issues regarding headaches and migraines are addressed in the REMAND portion.

The Veteran's claim for SMC at the housebound rate has been denied as he does not have a single disability rated as 100 percent or a TDIU based on a single disability. The evidence shows that his disabilities do not render him permanently housebound.