Neck / cervical spine decisions — 2017

The Veteran's degenerative disc disease of the mid to lower cervical spine is related to an in-service neck injury, and therefore service connection is granted.

The Board has determined that a new examination is necessary to determine the etiology of the Veteran's current neck disability and remands the case for further development.

The Board has determined that the Veteran does not have a current diagnosis of tailbone or cyst scar residuals, and his low back and neck disabilities are service-connected. However, the claim for headaches remains pending as there is insufficient evidence to establish a nexus between the disability and service.

The Veteran's appeal for an initial compensable disability rating for status post left fourth finger fracture with open reduction internal fixation has been withdrawn. The remaining issues of increased ratings for back, neck, cubital tunnel syndrome, hypertension, and migraine headaches are remanded.

The Veteran's appeal for service connection for a left varicocele has been withdrawn. The Board finds in favor of the Veteran on his claim for service connection for obstructive sleep apnea, finding that it is at least as likely as not that the condition had its onset during active duty.

The Veteran's claims for increased evaluations for his cervical spine, right shoulder, right knee, and left knee disabilities were denied. The current ratings of 20 percent each are maintained.

The Veteran is seeking service connection for a cervical spine disability and entitlement to TDIU. The Board finds that further development, including obtaining an examination and considering the Veteran's contentions regarding direct service connection, is necessary before these claims can be decided.

The Veteran's cervical and lumbar spine conditions are found to have originated during service, meeting the criteria for service connection.

The Board has remanded the case for further development due to new findings in VA medical opinions and incomplete records. The claims are related as they involve multiple conditions potentially linked to service-connected disabilities.

The Veteran's cervical spine disability is rated at 30 percent since August 5, 2014. The effective date for service connection of left shoulder tendonitis remains August 19, 2008.

The Veteran's claims for increased ratings and TDIU are being remanded due to missing records, inadequate examinations, and the need for further development.

The Veteran's service-connected cervical spine disability has not met the criteria for a rating in excess of 10 percent prior to March 2, 2016 or from March 2, 2016. The evidence does not show that the disability is manifested by forward flexion limited to 30 degrees or less at any point.

The Veteran's cervical spine arthritis is caused by repetitive joint stress during his active service and has been granted service connection.

The Board has determined that the Veteran's current cervical spine strain, claimed as neck pain, and thoracolumbar spine strain, claimed as back pain, are etiologically related to his active duty service.,However, there is insufficient evidence to support a finding of service connection for sleep apnea.

The Veteran's disability ratings were reduced from 40 percent to 10 percent for lumbosacral paravertebral myositis, effective June 1, 2011. The reduction was found to be proper as there had been no actual improvement in the Veteran's condition.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim for service connection for a cervical spine disorder, and as such, the claim is granted.,Service connection is also granted for headaches.

The Board denied the Veteran's claims for an effective date prior to May 31, 2011, for the award of dependent compensation for his spouse and child. The decision stated that VA did not receive evidence within a year of either event or become aware of their existence before May 31, 2011.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional examinations and the obtaining of treatment records.

The Veteran's left hip disability is currently rated at 50 percent prior to February 3, 2017 and increased to 70 percent thereafter. The Veteran's cervical spine disorder was initially rated at 20 percent prior to February 3, 2017 and increased to 10 percent thereafter.,The Veteran's right upper extremity radiculopathy is currently rated at 40 percent and left upper extremity radiculopathy is currently rated at 40 percent.

The Veteran's appeal is being remanded for additional development, including new examinations to assess the severity of his service-connected cervical spine and bilateral knee disabilities.