Neck / cervical spine decisions — 2018

The Board has remanded the Veteran's claims for service connection due to incomplete records and further examination.

The Veteran's cervical strain disability was previously rated at 20 percent prior to January 17, 2017. The Board has determined that a higher rating is not warranted for this period.,For the period from January 17, 2017 onwards, the Veteran’s cervical strain disability warrants remand as there are no current findings of ankylosis or incapacitating episodes.

The Veteran's TDIU claim is granted because his service-connected diabetes-related peripheral neuropathy of the bilateral upper and lower extremities, combined with his nonservice-connected cervical spondylosis and cervical spine atrophy and compression, makes him unemployable.

The Board has denied the Veteran's claims for service connection for a right ankle disability and a cervical spine disability. The Veteran's right ankle disability is not related to his active service, and there is no evidence of arthritis within one year post-service. For the cervical spine disability, the Veteran did not have any in-service injury or event that could be linked to his current condition.,The Board has also remanded the claims for increased ratings for a right shoulder disability and a lumbar spine disability due to insufficient examination findings.

The Board has granted service connection for a cervical spine disability, finding that the Veteran developed degenerative changes within one year of his separation from service. Service connection was denied for hypertension due to lack of evidence linking it to service or herbicide exposure.

The Veteran's service connection for obstructive sleep apnea is granted. The Veteran's cervical stenosis and lumbar degenerative disc disease are both rated at the maximum disability evaluation of 20 percent prior to April 13, 2017, and 40 percent thereafter.

The Board has determined that the Veteran's most recent VA examinations are outdated and remands for new evaluations to determine current disability levels.

The Board has determined that new and material evidence to reopen the claim of entitlement to service connection for a liver disorder (also claimed as hepatitis C). The Veteran's cervical spine disorder is remanded due to insufficient evidence.

The Board denied service connection for a cervical spine disability, finding that the Veteran's current condition is not related to his active service and no chronic condition was shown within one year of separation.

The Veteran's claims of service connection for various conditions have been denied as the new evidence received does not raise a reasonable possibility of substantiating the claims, and there is no clear and unmistakable evidence to rebut the presumption of soundness for pre-existing disorders.

The Veteran's cervical spine DDD and lumbar spine DJD are granted as service connected. The Veteran is also granted an initial evaluation of 50 percent for his PTSD.

The Veteran's cervical degenerative disc disease status post C6-C7 fusion with radiculopathy is granted as service-connected.,The Veteran's traumatic brain injury (TBI) is granted as service-connected.

The Veteran's claims for an earlier effective date for the award of a 40 percent rating for TBI and a TDIU are denied. The Board found that there was no legal basis to establish an earlier effective date for these awards, as they were based on service-connected conditions.

The Board has decided that a VA examination and medical opinion are needed to determine the nature and etiology of any neck disability, as it relates to service.

The Board denied the Veteran's claims to reopen his service connection for left knee, right knee, and cervical spine disabilities. The claim for sleep apnea was granted with a 50% evaluation but not increased further.

The Veteran's appeal is remanded due to the need for additional medical opinions regarding service connection for cervical and lumbar spine disabilities, as well as an initial rating in excess of 70 percent for PTSD.

The Board has remanded the claims of service connection for a cervical spine disability and headaches due to incomplete opinions from VA examiners. The Veteran's TDIU claim is also remanded as no statement of the case has been issued.

The Board has determined that additional development is required to properly adjudicate the Veteran's claims for service connection of various disabilities, including cervical spine, thoracic spine, left hip, right hip, and shoulder disabilities. The issues have been remanded for further examination and evaluation.

The Veteran's TDIU claim is denied because his service-connected disabilities do not preclude him from obtaining and maintaining substantially gainful employment.

The Board has remanded the Veteran's claims for service connection due to insufficient medical evidence and need for further examination. The issues include left shoulder, lumbar spine, cervical spine, and radiculopathy of the left arm disabilities.