Neck / cervical spine decisions — 2018

The Board has remanded the Veteran's claims for service connection for lumbar and cervical spine disabilities due to potential pre-existing conditions, with a focus on whether these disabilities were aggravated by military service or are otherwise directly related to service.

The Veteran's cervical spine disability is rated at 30 percent from May 2, 2017. The effective date for this rating is May 2, 2017.

The Board denied service connection for a cervical spine (neck) disability, finding that the Veteran's current condition is not related to his time in service.

The Veteran's appeal for increased ratings for his service-connected neck disability has been withdrawn by the appellant.

The Board denied service connection for cervical strain, left shoulder strain, left trapezius strain, degenerative disc disease (DDD), lumbar spine, generalized pain disorder, hypertension, hypertensive heart disease, gastro-esophageal reflux disease (GERD), acute sinusitis, and migraine headaches as the evidence did not support a nexus to service.,The Board found that there was no medical evidence showing a direct link between any of these conditions and military service.

The Board has remanded the claims of service connection for TBI residuals, cervical spine condition, and left shoulder condition due to insufficient medical opinions regarding their etiology.

The Board has remanded the Veteran's claims for neck and right shoulder disabilities due to their potential secondary relationship with his service-connected right foot scar residuals. The VA examination did not adequately address these issues.

The Veteran's cervical spine disability is now rated at 30 percent, effective September 12, 2018. The rating takes into account the current functional limitations and medical evidence provided.

The Board has decided to remand the Veteran's claims for initial disability ratings and TDIU due to insufficient examinations of his cervical spine stenosis and left radiculopathy at C5-6 roots, as well as a reexamination is required.

The Board found no evidence of a cervical strain during service and concluded that the Veteran's current condition is not related to his military service. The claim for service connection was denied.

The Board found that the Veteran was engaged in substantially gainful employment and thus not unemployable, leading to the discontinuance of a TDIU from February 1, 2011. The appeal for service connection for diabetes mellitus is remanded.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional examinations and clarification of opinions.,A VA examination is needed to determine if the Veteran has a stomach condition related to his period of service. The claim for service connection for neuropathy of the right lower extremity will also be remanded, as the examiner's opinion was unclear regarding whether it is secondary to his lumbar spine disability.,The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional examinations and clarification of opinions. The VA examination should assess if any flare-ups have affected the Veteran’s range of motion, pain levels, and functional loss.,A VA examination is needed to determine the nature and severity of the Veteran's cervical spondylosis and right knee strain. The examiner will need to consider the frequency and length of any incapacitating episodes in the past year.,The Veteran's claims for increased ratings are being remanded due to the need for additional examinations and clarification of opinions. A VA examination should assess if any flare-ups have affected the Veteran’s range of motion, pain levels, and functional loss.,A VA examination is needed to determine the nature and severity of the Veteran's scar from a hand injury. The examiner will need to consider the frequency and length of any incapacitating episodes in the past year.,The Veteran's claims for increased ratings are being remanded due to the need for additional examinations and clarification of opinions. A VA examination should assess if any flare-ups have affected the Veteran’s range of motion, pain levels, and functional loss.

The Board denied service connection for intervertebral disc syndrome with degenerative arthritis of the cervical spine as it did not have its onset during active service, was not caused by active service, and there is no evidence of continuity of symptomatology.

The Board denied service connection for a neck disability, right shoulder disability, and right eye disability. The Veteran's claims were based on his contention that these conditions are related to service.,The evidence did not show chronicity of the disabilities in service or within presumptive periods following separation from service.

The Board denied the Veteran's claim for special monthly compensation (SMC) housebound based on her service-connected disabilities, finding that she does not meet the criteria for SMC housebound as defined by law and regulations.

The Veteran's appeal includes claims for service connection for various conditions, including amyloid myopathy (also claimed as polymyositis), COPD, foot drop, rheumatoid arthritis, peripheral neuropathy, and spine disorders. The Board has determined that additional examinations are needed to address the etiology of these conditions due to presumed exposure to Agent Orange during active service.

The Board has remanded the claims for service connection for a lumbar spine disorder, sciatic nerve impairment, cervical spine disorder, and hypertension due to insufficient medical opinions and missing private treatment records.

The Board has dismissed the appeals for cervical strain, right shoulder disability, hypertension, and PTSD as the appellant withdrew his appeal with respect to these issues prior to a decision being made.

The Board granted an increased rating of 20 percent for right upper extremity radiculopathy as of July 20, 2015. The Veteran's TDIU claim is remanded to the Director, Compensation Service, for extraschedular consideration.

The Board has decided to remand the Veteran's claims of service connection for cervical spine, left knee, and right knee disabilities due to insufficient medical opinions regarding their etiology. The AOJ will need to obtain additional VA examinations to determine if these conditions are related to active duty service or other periods of service.