Neck / cervical spine Board decisions

The Veteran's claim for service connection for herniated discs of the cervical spine with degenerative joint disease was previously denied in March 1972 and again in August 2001. The current appeal is about a rating increase for his lumbar spine disability and TDIU prior to December 2, 2010.

The Board has determined that the Veteran's current cervical spine disorder is related to his active duty military service, and therefore grants the claim for service connection.

The Veteran's appeal has been dismissed as the representative withdrew it prior to a decision being made.

The Veteran's service-connected disabilities, including right shoulder bursitis, left shoulder bursitis, thoracolumbar spine disability, sinusitis, eosinophilic granule residuals, and cervical diskectomy with mild loss of range of motion, have resulted in a combined rating of 70 percent as of May 1, 2009. The Veteran meets the schedular criteria for a TDIU due to his service-connected disabilities precluding him from securing or following a substantially gainful occupation.

The Veteran's claims for service connection for a chronic sleep disorder, initial compensable rating for left knee disability, initial rating in excess of 10 percent for cervical spine disability, and initial compensable rating for bursitis in the left shoulder were denied. The claim for headaches was partially granted with a 10% rating prior to April 13, 2012, and a 30% rating from that date onward.

The Veteran's appeal is being remanded for further development due to the need for a videoconference hearing.

The Board found that a cervical spine disability was not incurred in active military service and denied the claim for service connection.

The Veteran's claims for increased ratings for his service-connected cervical spine, lumbar spine, hiatal hernia with GERD, and right foot plantar fasciitis are being remanded due to the need for additional examinations and consideration of outstanding treatment records.

The Board has remanded the case for additional development, including obtaining an addendum opinion from a VA examiner regarding the etiology of the Veteran's cervical spine disorder and whether it is caused or aggravated by his service-connected lumbar spine disorder. The Veteran's claim will be readjudicated based on all evidence.

The Veteran's claims for service connection and increased ratings were denied. The Board found that the Veteran is not entitled to a disability rating in excess of 30 percent for his service-connected tension headaches.

The Veteran's service-connected disabilities have rendered him unable to secure and follow substantially gainful employment since December 4, 2003.

The Veteran's service-connected cervical spine degenerative joint disease and degenerative disc disease have been manifested by painful motion with functional loss equating to no worse than limitation of flexion to 20 degrees. The criteria for a rating greater than 20 percent for these conditions have not been met.

The Board found that the Veteran's service-connected disabilities did not cause or contribute to his death from multiple myeloma, which was not shown in service or within a presumptive period.

The Board has determined that the Veteran's cervical spine disability and radiculopathy of the upper extremities were not present in service or until many years thereafter, and are not related to service. As such, the claims for service connection have been denied.

The Veteran has effectively lost the use of both lower extremities due to his service-connected degenerative disc disease of the cervical spine and degenerative arthritis of the lumbosacral spine, which precludes him from using his legs without assistance. As a result, he is eligible for specially adapted housing but not for a special home adaptation grant.

The Veteran's appeal is remanded for further development of the evidence, including obtaining updated VA and private medical records, arranging for an orthopedic examination to assess his neck disability, low back disability, and left knee disability, and readjudicating the claims.

The Veteran's combined initial rating for service-connected disabilities was granted effective from September 20, 2001 and increased to a combined 100 percent rating effective from October 10, 2007. The appeal is denied as the claimant has not provided evidence of unemployability due solely to service-connected disabilities prior to this date.

The Veteran's cervical spine disability, which included a cervical fusion of C5-C7, was rated at 10 percent before May 5, 2011. From May 5, 2011, the rating was increased to 20 percent due to forward flexion being greater than 15 degrees but not less than 30 degrees and a combined range of motion not exceeding 170 degrees.

The Board has remanded the Veteran's claims for an initial disability rating in excess of 10 percent for service-connected thoracolumbosacral strain and cervical spine strain due to failure to comply with a previous remand directive.

The Veteran's claims for service connection for a cervical spine disorder and an acquired psychiatric disorder, to include as secondary to his service-connected lumbar spine disability, are being remanded due to the need for additional development of his medical records.