Neck / cervical spine decisions — 2018

The Veteran's claims for service connection for broken teeth and a cervical spine disability were denied as new and material evidence was not received to reopen the claims.

The Veteran's claims for initial compensable and higher ratings for his lumbar spine disability, as well as for a cervical spine disability, are being remanded due to the need for additional examinations to assess the current severity of these conditions.

The Board has determined that the Veteran does not have a current diagnosis of tremors and has denied service connection for this condition. The issues of service connection for cervical spine stenosis, cervical radiculopathy of the bilateral upper extremities, an acquired psychiatric disorder other than depressive disorder (including PTSD and Adjustment Disorder), degenerative disc disease of the lumbar spine with bilateral radiculopathy, a disability rating in excess of 20 percent prior to April 28, 2010, and in excess of 40 percent thereafter for degenerative disc disease of the lumbar spine, a disability rating in excess of 20 percent for lumbar radiculopathy of the left leg, a disability rating in excess of 20 percent for lumbar radiculopathy of the right leg, and an initial disability rating in excess of 70 percent for depressive disorder are all remanded due to incomplete or unclear evidence.

The Board has remanded the Veteran's claims for fibromyalgia, osteoarthritis of all joints, cervical spine disability, and radiculopathy of both lower extremities due to incomplete development. The effective dates for service connection are not being granted as they arose on January 26, 2010.

The Board has remanded several issues related to the Veteran's service connection claims, including those for bilateral hip disability, shoulder and elbow disabilities, low back disability, neck disability with upper right extremity neuropathy, spine disability with joint degeneration, hearing loss, erectile dysfunction, staph infection, carpal tunnel syndrome, and sleep apnea. The remand also includes a request to obtain Social Security Administration records and an addendum opinion regarding the nature and etiology of the Veteran's sleep apnea.

The Veteran's left ear hearing loss is granted as service-connected.,Tinnitus has been denied for an earlier effective date prior to June 25, 2012, and a rating in excess of 10 percent remains denied.,Service connection for bilateral lower extremity disability (including arthritis), bilateral shoulder disability, cervical spine disability, and lower back disability is remanded due to the need for further examination and evaluation.

The Veteran's degenerative disc disease of the cervical spine is related to his active duty service as a pilot, and the Board has granted service connection for this condition.

The Veteran's cervical spine and right knee disabilities were denied service connection. The left knee disability was also denied, but the Veteran did not have a current left knee disability.,For his mood disorder, the Veteran received an initial rating of 30 percent prior to August 22, 2014, and 70 percent thereafter. However, he is not entitled to higher ratings as there was no evidence showing total occupational and social impairment.

The Veteran is granted service connection for Parkinson’s disease, cervical dystonia as secondary to Parkinson's disease, and depression as secondary to Parkinson's disease due to exposure at Camp Lejeune.

The Board denied the Veteran's claims for service connection for sleep apnea, increased ratings for his thoracolumbar spine and cervical spine disabilities, and a TDIU effective from December 9, 2010. The Board found that there was no evidence linking the Veteran’s current sleep apnea to his military service or any service-connected conditions.

The Board has remanded the case for a new VA examination to assess the Veteran's cervical spine disability, including during flare-ups and when used repeatedly over time. The examiner is asked to provide estimates of additional range of motion loss or functional loss experienced by the Veteran.

The Veteran's degenerative changes of the cervical and thoracolumbar spine were found to have manifested within one year of her separation from service, meeting the criteria for presumptive service connection.

The Board has remanded the issues of service connection for a cervical spine disability, effective date for tinnitus and thoracolumbar spine strain awards, and increased rating for bilateral hearing loss.

The Board has determined that additional examinations and medical opinions are needed to determine the nature and etiology of any right knee disorder, cervical spine disorder, bilateral upper extremity numbness, and left hip disorder. The Veteran's claims for service connection will be remanded.

The Board has remanded the Veteran's claims for service connection due to his reported symptoms and exposure during active duty in the Southwest Asia theater of operations. The Veteran is required to provide additional medical records, including those from Joint Services Records Research Center (JSRRC), and undergo a VA Gulf War Registry examination.

The Board has granted earlier effective dates of December 21, 1974 for the grants of service connection for scapulocostal syndrome and cervical spondylosis on the basis of clear and unmistakable error (CUE) in a September 1977 rating decision. The issue of an initial compensable disability rating for scapulocostal syndrome is also remanded.

The Veteran's cervical spine arthritis is not service connected as there was no in-service diagnosis and the condition did not manifest within one year of discharge.,Bilateral hearing loss cannot be service-connected due to lack of current diagnosis.

The Veteran's appeal on the issue of whether new and material evidence has been received to reopen a claim for cervical spine disorder is dismissed. The Veteran's claim for service connection for sleep apnea is granted.

The Board has denied the Veteran's claims for higher ratings for bilateral hearing loss, cervical spine degenerative joint disease, low back (post-herniated nucleus), and primary open angle glaucoma. The cases are remanded to obtain additional medical evidence and to schedule the Veteran for examinations.

The Board denied service connection for various conditions, including obstructive sleep apnea, head injury, left hand disability, and acquired psychiatric disorder. The ratings for the left shoulder, right shoulder, cervical strain, and lumbar spine disabilities were also remanded.