Neck / cervical spine Board decisions

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Veteran's cervical spine disability has been rated at 20 percent since the effective date of service connection, with consideration of functional factors. The left shoulder disability is currently rated as 10 percent.

The Veteran's claim for an earlier effective date for the TDIU was denied as there is no evidence of any earlier unadjudicated formal or informal claim or factually ascertainable evidence demonstrating entitlement to TDIU prior to March 24, 2010.

The Board has remanded the Veteran's claims due to inadequate opinion in his VA examination and need for additional development of his claim.

The Board has granted service connection for a gastrointestinal disability, reopened claims for cervical spine and lumbar spine disabilities, and granted increased ratings for bilateral hearing loss and scars from a fracture to the left forearm. The Veteran's cervical spine disability claim remains pending as it was not granted.

The Veteran's appeal is being remanded for additional development of his claims, including the retrieval of recent outpatient records and authorization to obtain private treatment records. The TDIU claim will also be reconsidered.

The Veteran's cervical spine disability has not been manifested by unfavorable ankylosis of the entire cervical spine or productive of any incapacitating episodes within the past 12 months. No neurological pathology consistent with a separate neurological disability has been shown.

The Veteran is seeking service connection for various conditions, including hypertension, degenerative disc disease of the cervical spine, tinnitus, a scalp laceration scar, and PTSD. The issues include secondary service connection for hypertension, rating adjustments for PTSD, and an earlier effective date for PTSD.

The Board has granted service connection for lumbosacral and cervical strain, and the Veteran's PTSD is rated at 50 percent.

The Veteran's initial rating for cervical spondylosis was increased to 10 percent effective October 6, 2003. The current claim is about a higher initial rating of 20 percent since August 11, 2010.

The Veteran's service-connected right shoulder disability is linked to his left upper extremity symptoms, including radial nerve neuropathy. Service connection for degenerative disc disease of the cervical spine and thoracic spine has been granted with effective dates set at April 16, 2001.

The Board has determined that the appellant does not have a current disability for which service connection is warranted, and thus the claims are denied.

The Board has determined that the Veteran does not have a diagnosis of PTSD, and therefore service connection for this condition is denied. The issue of cervical spine disability remains pending.

The Veteran's claims for increased ratings were denied. The cervical spine was rated as 10 percent prior to April 22, 2009 and as 20 percent thereafter. The lumbar spine was rated as 10 percent prior to April 22, 2009 and as 40 percent from April 22, 2009 to September 23, 2010.

The Veteran's cervical and lumbar spine disabilities have been rated as 10 percent disabling, but the evidence does not support a higher rating based on current functional impairment.

The Board has determined that a remand is necessary to obtain additional medical opinions and to ensure all pertinent records are considered in the adjudication of the Veteran's claims for service connection for cervical and lumbar spine disorders.

The Veteran's appeal is being remanded to obtain additional records, provide VCAA notice, and schedule VA examinations for his neck and bilateral foot disorders. The left ear hearing loss claim will also be readjudicated.

The Board has determined that the Veteran's claims for increased ratings for his degenerative joint disease of the lumbar spine and cervical spine have been denied as they do not meet the criteria for a higher rating under the applicable VA rating schedule.

The Veteran's claims for increased evaluations for his lumbar and cervical spine disabilities were denied. The VA determined that the Veteran's conditions did not meet criteria for a higher evaluation based on the severity of his symptoms.

The Board found that the Veteran's cervical and lumbar spine disorders are not related to his period of honorable active service, and thus denied service connection for these conditions.