Neck / cervical spine decisions — 2018

The Veteran's service-connected degenerative disc disease of the cervical spine is currently rated at 30 percent. The Board has remanded both his claim for a higher rating and his TDIU claim due to lack of recent medical evidence.

The Veteran's claims for service connection for cervical spine disorder, right leg disorder, and left leg disorder as secondary to a lumbar spine disorder are being remanded due to the need for additional medical opinions regarding their etiology.

The Board has reopened the Veteran's claim for service connection for a neck disability due to new and material evidence submitted by the Veteran. The case is remanded for further development, including an examination to determine if any current neck disability is related to service.

The Board denied the Veteran's claims for service connection for cervical and lumbar spine disabilities, finding that there was no evidence of a disability during service or related to an in-service injury.,Service connection was granted for bilateral hearing loss and tinnitus. The Veteran's post-transplant diabetes mellitus was also found to be secondary to his heart disability.

The Veteran's claims for earlier effective dates for left ankle strain and flexor hallucis longus tenosynovitis have been denied as there is no evidence of an informal claim prior to July 19, 2010.,The Veteran's claim to reopen his previously denied back disability has been granted. A VA examination is needed to determine the nature and etiology of any currently present cervical spine and lumbar spine disabilities.

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) prior to December 22, 2010 was denied because the evidence did not show that his service-connected disabilities rendered him incapable of performing the physical and mental acts required by employment.

The Board has remanded the claims for residuals of cervical spine fracture, bilateral eye condition, bilateral hearing loss, TBI, headaches, weakness on left side of body, and acquired psychiatric disorder (including PTSD) due to outstanding VA treatment records. The Veteran's service connection claim for PTSD is also remanded as there are no current medical opinions linking any diagnosed psychiatric disorders to his military service.

The Board has remanded the case for further development, including a determination on whether the Veteran's current back disability is related to service. The issue of hypertension remains in dispute.

The Board has granted an effective date of June 22, 2009 for the resumption of VA disability compensation benefits. The Veteran's separation pay was not recouped earlier due to a one-year waiting period following her second period of active service.

The Veteran's claims for service connection for cervical and lumbar spine disabilities, bilateral upper extremity peripheral neuropathy and radiculopathy, and an acquired psychiatric disorder are being remanded due to the need for additional medical opinions.,Issues related to the Veteran's cervical and lumbar spine disabilities will be addressed first as they could significantly impact other claims.

The Board has not granted service connection for cervical cancer or Multiple Sclerosis. The claim of service connection for cervical cancer is denied as new and material evidence was not received, while the claim for Multiple Sclerosis is remanded due to insufficient evidence.

The Veteran's neck disability has been rated at 10 percent since May 2013. The Board found that the evidence did not support a higher rating based on limitation of motion and pain, as his forward flexion was limited to 40 degrees.

The Veteran's initial rating for left lower extremity radiculopathy is granted, but the issues of service connection for cervical spine disability and headaches are remanded.

The Veteran's effective dates for the awards of service connection for cervical spine strain and cervical spine degenerative joint with residual spinal fusion scar, as well as thoracolumbar spine strain (previously rated as intervertebral disc syndrome with degenerative arthritis), are denied as they fall on or after November 8, 2008.,The Veteran's initial evaluations for his service-connected cervical and thoracolumbar spine disabilities have been remanded due to the need for additional examinations.

The Board denied the Veteran's application to reopen his claim of service connection for a cervical strain and also denied his secondary service connection claim for a headache disorder. The Board found that new and material evidence had not been submitted, and there was no evidence linking the current conditions to service.

The Board has determined that the VA examinations for the Veteran's service-connected lumbar and cervical spine disabilities are inadequate, and thus remanded to obtain further evaluations.

The Veteran has withdrawn his appeal for increased ratings on multiple conditions, including left shoulder bursitis, thoracolumbar strain, cervical spine degenerative disc disease, hip osteoarthritis, knee patellofemoral syndrome (both knees), ankle post-operative changes, sinusitis, and hiatal hernia with GERD.

The Board denied the Veteran's claims for service connection for a cervical spine disability and bilateral knee disability, finding no evidence of in-service injury or disease that would support these claims.

The Veteran's cervical syrinx and bilateral carpal tunnel syndrome are granted service connection. The Veteran's other conditions, including loss of use of extremities and impotence, are not found to be related to service.

The appeal of service connection for a left hip disability is dismissed.,The appeals of service connection for right shoulder and cervical spine disabilities are also dismissed.