Neck / cervical spine decisions — 2018

The Board denied the Veteran's claim for service connection for diabetes mellitus, type II due to lack of evidence of herbicide exposure and no in-service or post-service diagnosis. The Board also remanded issues regarding initial ratings for upper extremity radiculopathy and a rating for cervical spine disability.

The Board has granted an initial 20% rating for the Veteran's cervical spine disability effective June 25, 2013. The claims of service connection for fibromyalgia and sinusitis are remanded.

The Board has determined that the Veteran does not have separate service-connected conditions for depression, anxiety, insomnia, chronic fatigue syndrome, back disorder, neck disorder, sinusitis, allergic rhinitis, or headaches. The claims are denied as secondary to his service-connected PTSD.

The Veteran's claims for service connection for head injury, bilateral leg sciatica, disability manifested by motion sickness and dizziness, tinnitus, bilateral glaucoma, bilateral cataracts, left eye detached retina (secondary to left eye cataracts), left hand disability (secondary to neck disability), right hand disability (secondary to neck disability), bilateral shoulder disability (secondary to neck disability), joint disability, neck disability, acquired psychiatric disorder (posttraumatic stress disorder) (secondary to service-connected lumbar spine disability), and sleep apnea have been denied. The Veteran withdrew these claims during his Board hearing.

The Veteran's cervical spine disorder is being remanded for a VA examination to determine its etiology and whether it is related to his service-connected lumbar spine disability. The case will also be reviewed based on the additional evidence received since the last statement of the case.

The Veteran's appeal is remanded to secure an adequate VA examination and opinion for his cervical spine, thoracic spine, and acquired psychiatric disorder claims. The issues on appeal include service connection for a neck disability, back disability, and PTSD based upon MST.

The Board has decided to remand the case for additional development, including obtaining a medical examination and ensuring compliance with all legal requirements.

The Board denied the Veteran's claims for service connection for a cervical spine disability, left wrist disability, and acquired psychiatric disorder. The right knee disability claim was also denied, but the Veteran received a temporary 100% rating from May 14, 2015 to August 1, 2015 due to surgical treatment necessitating convalescence.

The Board has remanded the case due to issues related to service connection for a cervical spine disability, neurological disability (manifested by tremors), and residuals of a head injury. The Veteran's claim is being reviewed again as new evidence suggests his current disabilities may be related to head injuries sustained in service.

The Veteran's claim for a rating in excess of 20 percent for chronic cervical strain was denied. The Board found that the disability did not meet the criteria for an increased rating due to pain and limitation of motion, with flexion greater than 15 degrees.

The Board denied service connection for a lumbar spine disorder and a cervical spine disorder as there was no evidence linking the current conditions to service, including within one year of discharge.

The Veteran's claim for an initial rating in excess of 10 percent for insomnia is denied.,The Veteran's claim for an effective date earlier than October 5, 2016 for the grant of service connection for insomnia is denied.

The Veteran's appeal is being remanded for additional development to obtain medical opinions regarding the etiology of his testicular cancer, neck disability, memory loss, and varicose veins.

The Board has determined that the Veteran does not have a current disability manifested by tingling and numbness of both legs and feet, cervical spine disorder, bilateral shoulder disorder, bilateral elbow disorder, bilateral knee disorder, or depression or other acquired psychiatric disorder. The claims are denied as secondary to service-connected mechanical low back pain.

The Board denied the appellant's claims for an increased rating for cervical spine DJD and DDD, a compensable rating for erectile dysfunction, and earlier effective dates for service connection of headaches and SMC based on loss of use of a creative organ.,The RO assigned an effective date of September 7, 2011 for the award of a 20 percent rating for cervical spine DJD and DDD. The appellant's claim for erectile dysfunction was granted with an effective date of October 24, 2011.

The Veteran's claims for service connection have been granted, with the exception of his right ankle and left ankle disabilities. The Board found that the Veteran has credible reports of continuous headaches since service, which are related to an in-service injury while playing softball. Service connection is also established for migraines (headaches), low back disability, cervical spine disability, and paresthesia of the right upper extremity.

The Board has determined that further development is needed to properly evaluate the Veteran's service-connected lumbar and cervical spine disabilities, including a new examination. The case will be returned to the AOJ for readjudication.

The Board found insufficient evidence to establish service connection for the Veteran's right upper extremity disability, left shoulder disability, cervical spine disability, lung disability (asthma), and bilateral foot disability. The claims were denied as there was no probative evidence showing a link between these conditions and service.

The Board has remanded the case for additional development due to outstanding records and need for examinations.

The Board has determined that additional development is needed before the Veteran's remaining claims can be decided. Specifically, the Veteran should be afforded VA examinations to determine the nature and etiology of any currently present left knee disability, right and left ankle disabilities, right and left upper extremity neuropathy, cervical spine disability, and right knee arthritis.