Neck / cervical spine decisions — 2018

The Board has remanded the case for additional development, including obtaining updated VA treatment records and a medical opinion regarding whether the Veteran's cervical spine disability is related to active service or his service-connected left shoulder disability.

The Veteran's neck and back disabilities are found to be the result of combat service in Vietnam, and thus granted as service-connected.

The Veteran's service-connected GERD has not been manifested by symptoms productive of considerable impairment of health. The Board finds that the probative evidence of record is against a finding that current cervical spine, lumbar spine, right shoulder, and right elbow disabilities are related to service.

The Veteran's claim for an evaluation in excess of 30 percent for right shoulder post-operative dislocation was denied. The Board also found that the Veteran's cervical spine disorder is not service-connected or secondary to a service-connected disability.

The Board found that the Veteran's current lumbar and cervical spine disabilities, as well as his left upper extremity radiculopathy, are not related to service. The most probative evidence indicates these conditions arose from post-service work injuries.

The Veteran has withdrawn his appeal, and the Board does not have jurisdiction to review it.

The Board denied the Veteran's claims for service connection and initial compensable disability evaluation, but granted an effective date earlier than August 19, 2014, for the grant of service connection for bilateral tinnitus.

The Veteran's cervical spine, left forearm, and left shoulder disabilities are being remanded for further examination to determine their etiology.

The Veteran's cervical spine disability and upper extremity radiculopathy were granted service connection in December 2013 with initial evaluations of 20 percent each. The Veteran seeks earlier effective dates for these grants.,The Veteran also seeks service connection for depression, which was found to be secondary to his service-connected disabilities.

The Veteran's claims for earlier effective dates for his mood and unspecified depressive disorders, cervical radiculopathy of the left upper extremities, and cervical OA, DDD and IVDS have been granted. The effective date is set to December 7, 2011.

The Board has determined that the Veteran's current diagnoses of low back, right leg radiculopathy, upper back disorder, bilateral shoulder disorders, bilateral hip disorder, left knee disorder, bilateral ankle disorder, and bilateral foot disorder are at least as likely as not related to his in-service injury. As such, service connection is granted for these conditions.

The Veteran's service-connected cervical spine spondylosis is currently rated as noncompensable, and the Board finds that a higher rating is not warranted based on the evidence of record.

The Veteran's claims for service connection were denied as there was no evidence of an in-service event, disease, or injury that could be linked to the claimed conditions. The Board found that the Veteran did not have a right knee disability, left knee disability, shin splints of either leg, cervical spine disability, thoracolumbar spine disability, carpal tunnel syndrome and arthritis of the wrists and hands, or sinus disability due to asbestos exposure.

The Veteran withdrew his appeal for the issues of increased ratings for cervical spine spondylosis with degenerative changes and compression fracture L1 with degenerative changes, as well as service connection for a left ankle disability.

The Veteran's cervical spondylosis is not productive of forward flexion of the cervical spine greater than 15 degrees but not greater than 30 degrees, a combined range of motion of the cervical spine not greater than 170 degrees, ankylosis, or incapacitating episodes of intervertebral disc syndrome having a total duration of at least 2 weeks but less than 4 weeks during the past 12 months.,From March 23, 2011 to October 1, 2013, the Veteran's degenerative joint disease of the lumbar spine was not productive of forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees, a combined range of motion of the thoracolumbar spine not greater than 120 degrees, ankylosis, or incapacitating episodes of intervertebral disc syndrome having a total duration of at least 2 weeks but less than 4 weeks during the past 12 months. From October 2, 2013, the Veteran's degenerative joint disease of the lumbar spine has not been productive of forward flexion of the thoracolumbar spine at 30 degrees or less, favorable ankylosis of the entire thoracolumbar spine, or incapacitating episodes of intervertebral disc syndrome having a total duration of at least 4 weeks but less than 6 weeks during the past 12 months.

The Veteran's cervical spine disability was granted with a rating of 10 percent prior to February 29, 2016 and increased to 20 percent from February 29, 2016 to April 3, 2017. From April 3, 2017 onwards, the disability remains rated at 10 percent.

The Veteran's service connection claim for sleep apnea is granted, as the evidence is in equipoise regarding whether his condition had its onset during service. The claims for degenerative joint disease of the cervical spine and left hand numbness are remanded due to inadequate VA examination.

The Board has remanded the case for additional development, including scheduling VA examinations and obtaining private treatment records.

The Board denied service connection for the Veteran's claimed acquired psychiatric disorder, thoracolumbar spine disorder, cervical spine disorder, bilateral shoulder disorder, and bilateral knee disorder. The diagnoses were not related to service.

The Veteran's appeal for service connection has been dismissed as the claims have been granted by the AMC.