Neck / cervical spine decisions — 2018

The Veteran's cervical spine disability has been rated at 10 percent, 20 percent, and 30 percent since January 17, 2014. The RO denied higher ratings for the cervical spine disability.

The Veteran's major depressive disorder is rated at 50 percent, and his TDIU claim has been granted. The initial rating for major depressive disorder remains unchanged.

The Veteran's appeal for service connection for sleep apnea was dismissed due to the Veteran withdrawing their request. The claim for a higher rating for left shoulder disability is remanded, and the claim for cervical spine disability is also remanded.

The Board has remanded the issues of service connection for lumbar spine, cervical spine, right knee, left knee, right calf, and left calf disabilities due to their potential relationship with the Veteran's service-connected residuals of a gunshot wound of the right foot. The issue of entitlement to an initial rating higher than 50 percent for PTSD remains on appeal.

The Board denied the Veteran's claims for service connection for a right lung tumor, neck disability, and back disability due to lack of evidence linking these conditions to his active military service.

The Veteran's service-connected disabilities do not meet the threshold requirement for a schedular TDIU. However, due to his non-service-connected stroke and Alzheimer’s/dementia diagnoses, he is unable to secure or follow substantially gainful occupation. The Board finds that remand for referral to the Director of Compensation and Pension Service for extraschedular consideration is warranted.

The Veteran's claims for increased ratings for cervical and lumbar spine disabilities have been denied as the evidence does not support a higher rating based on the criteria provided in the VA Rating Schedule.

The Board has denied the Veteran's claims for service connection for residuals of a cut on the stomach, residuals of a skull fracture (kicked in the head), and residuals of a fracture of the face and jaw. The remaining issues have been remanded due to insufficient evidence.

The Board has granted service connection for chronic cervical pain radiating down arm and tension headaches, both related to the Veteran's service-connected traumatic brain injury. The compensable rating for TBI is remanded.

The Board has granted service connection for a back condition, but denied service connection for cervical, right knee, left shoulder, and right hip conditions. The decision also remanded the claims for an acquired psychiatric disorder, left knee degenerative arthritis, and bilateral hearing loss.

The Board has determined that new and material evidence has been received to reopen the claim for service connection for a neck disability, and to that extent only, the claim is granted. The issues of service connection for back disability, headaches, missing teeth 7 to 10 and 23 to 26, and sinusitis are remanded.

The Veteran's TBI residuals are rated at 30 percent, and service connection for a psychiatric disorder (to include anxiety and depression) is granted. Service connection for diabetes mellitus, sleep apnea, lumbar DDD, cervical DDD, right shoulder disorder, left shoulder disorder, right upper extremity peripheral neuropathy, left upper extremity peripheral neuropathy, left lower extremity peripheral neuropathy, and right eye vision loss are denied.

The Board has decided that a remand is necessary for further examination and opinion regarding the service connection of lumbar spine disorder and cervical spine disorder, as well as whether these conditions are secondary to service-connected disabilities.

The Veteran's claims for earlier effective dates and reopening of service connection claims are being remanded due to the need for additional development, including obtaining medical records and providing a VA examination.

The Veteran's service-connected disabilities rendered him unemployable from June 16, 2011 until January 23, 2012. The Board granted a TDIU for this period as his combined disability rating was at least 70 percent.

The Veteran's application to reopen the claim of entitlement to service connection for bipolar disorder is granted. The claim for treatment purposes only under 38 U.S.C. Chapter 17 for bipolar disorder is dismissed due to a full grant of benefits. Service connection for a cervical disability is remanded.

The Board has remanded the Veteran's claims for service connection and increase rating due to failure of the Veteran to attend scheduled VA examinations. The claims will be remanded for scheduling new VA examinations.

The Veteran's claims for increased ratings and service connection were denied. The osteoid osteoma of the left radius was found to be asymptomatic, while other disabilities were not related to service.

The Veteran's claims for service connection are being remanded due to the need for a DRO hearing.

The Veteran's claims for service connection are granted, with the exception of his claim for a higher rating for left eye chorioretinal macular scar and his claims for ratings higher than 30 percent for right shoulder disability and cervical spine DJD. The remaining claims have been reopened and are granted.