Neck / cervical spine Board decisions

The Veteran's appeal is being remanded for further development due to the need for VA examinations to reassess his disabilities, including dysthymia and residuals of a shell fragment wound of the neck. The RO/AMC will also consider whether he is entitled to higher ratings for these conditions.

The Board has denied the Veteran's claims for increased ratings for her low back disability from July 11, 2008 to August 29, 2011. The evidence does not show that the Veteran's service-connected low back disability was manifested by forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees; a combined range of motion not greater than 120 degrees; or muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour. The Veteran's claim for increased rating is denied.

The Veteran's appeal is being remanded for a videoconference hearing at the New York, New York RO due to his request.

The Veteran's service-connected cervical spine disorder and bilateral upper extremity radiculopathy are currently rated at 40 percent, which is the maximum schedular rating available. The Board finds that her symptoms do not warrant a higher evaluation.

The Board has determined that the Veteran's low back condition, diagnosed as intervertebral disc syndrome (IVDS), is related to his military service. The cervical spine disability was also found to be related to service. However, there is no evidence of a current left or right shoulder disability.

The Board found that the Veteran's current cervical and lumbar spine disability, along with associated upper and lower extremity sensorimotor peripheral neuropathy, are less likely than not related to his military service, specifically to paratrooping (repeated jumps) and parachuting injury in one incident.

The Board has ordered a new examination to determine the nature and etiology of the Veteran's cervical spine disability, including whether it is related to service or secondary to his service-connected lumbar spine disability.

The Veteran's cervical spine injury is not shown to have occurred in service, and the current condition is not related to his military service.

The Veteran's claimed conditions, including pain of the knees, ankles, feet, hands (including fingers), chronic fatigue, upper respiratory symptoms, and headaches, are not service-connected due to lack of evidence showing their onset during active duty or being attributable to a known clinical diagnosis.

The Veteran's appeal involves claims for higher initial ratings and service connection for various disabilities. The Board has determined that additional development is needed, including obtaining medical examinations to reassess the severity of his current disabilities and determine their etiology.

The Board has decided to remand the Veteran's claims due to incomplete service records and need for further development, including verification of dates of active duty and National Guard service.

The Board denied the Veteran's claims for service connection for left ear hearing loss, TMJ disorder, and an initial compensable rating for a cervical spine disorder. The Veteran was granted service connection for tinnitus but not for right shoulder strain or neurological impairment of the bilateral upper extremities.

The Veteran's current bilateral sensorineural hearing loss is related to active duty service and the claim for this condition is granted. The Board finds that a grant of service connection for tinnitus, cervical spine disorder (DDD of the cervical spine), and left knee disorder (claimed as left knee patellar tendonitis and Osgood-Schlatter's disease) is warranted based on service incurrence.

The Veteran's left knee was granted an initial compensable rating of 10% prior to July 19, 2001. Service connection for a cervical disability, right wrist disability, and right elbow disability were denied.

The Veteran's service-connected disabilities did not meet the criteria for a TDIU on an extra-schedular basis, and his claims for increased evaluations were denied.

The Board has determined that the Veteran's cervical spine disorder is not related to service and denied his claim for service connection. The Veteran's right radial head fracture with degenerative changes was granted a 10 percent evaluation in July 2004, which was increased to 30 percent effective December 1, 2005.

The Veteran meets the schedular criteria for TDIU and her service-connected disabilities preclude her from securing or following a substantially gainful occupation as of October 18, 2001.

The Board found that the Veteran's mild degenerative joint and disc disease of the cervical spine did not have its onset in service, within one year of service, nor may it be presumed to have been incurred in service. The claim was denied.

The Veteran's service-connected cervical spine osteoarthritis has been rated at 10 percent since the date of her claim. The VA examiner found that her range of motion was limited, with forward flexion and combined cervical range of motion not exceeding 40 and 280 degrees respectively, without evidence of muscle spasms or abnormal spinal contour.

The Veteran's PTSD is service-connected based on his combat experience. The Board finds that the Veteran has a current diagnosis of bilateral hearing loss, cervical spine disability, left knee disability, right knee disability, and skin disorder of both feet due to in-service noise exposure and other factors.