Neck / cervical spine decisions — 2018

The appeals for service connection on the merits of various conditions have been dismissed due to the Veteran's death. The appeal for substitution has also been remanded.

The Board has reopened the claim of service connection for a thoracolumbar spine disability and granted service connection for headaches, major depressive disorder, and obstructive sleep apnea. The cervical spine disability claim remains denied as new and material evidence was not received.

The Veteran's tinnitus is currently rated at 10 percent and no higher, as it does not meet the criteria for a higher rating.,Service connection has been granted for major depressive disorder secondary to service-connected PTSD.,Joint pain (bilateral knee osteoarthritis), neck disorder (cervical spine arthritis), and back disorder (lumbar spine arthritis) have not met the criteria for service connection as they are not shown to be related to service or within one year of separation from service.,Left ankle disorder, vision disorder (refractive error of the eye), bilateral hearing loss, shortness of breath, and sleep disorder have not been established as service-connected due to lack of evidence linking these conditions to service.,Heart disorder has not met the criteria for service connection.

The Veteran's right shoulder impingement syndrome and cervical degenerative disc disease have been remanded for further evaluation due to reported worsening of symptoms.

The Board has remanded the claims of service connection for erectile dysfunction, scars, and a headache disorder due to inadequate medical opinions and missing VA treatment records. The Veteran is also granted TDIU.

This decision grants service connection for irritable bowel syndrome and remands the issues of service connection for a cervical spine disability, chronic fatigue syndrome, left shoulder disability, and myofascial syndrome. The Veteran's IBS is presumed due to Gulf War exposure. Service connection for his other conditions is denied.

The Veteran's appeals for increased ratings for his cervical spine, low back, and psychiatric disorders were denied. The VA found that the current ratings adequately reflect the severity of these conditions.

The Board has reopened the Veteran's claim for service connection for CFS and headaches, and granted both claims. Service connection is also granted for a cervical spine condition due to exposure to environmental hazards of the Persian Gulf War.

The Board has granted the reopening of several previously denied claims, but has found that additional evidence is needed to determine if service connection can be established for these conditions.

The Board has denied the Veteran's claims for service connection for cervical degenerative disc disease, cervical radiculitis with right ulnar neuropathy, and pes planus (fallen arches). The issues have been remanded for further evaluation.

The Veteran's neck and back conditions are remanded for further examination to determine if they were caused or aggravated by his periods of active duty, inactive duty training, or pre-existing scoliosis. His hearing loss is also remanded for a new VA examination.

The Board denied service connection for a neck disability and an initial rating for back disability. The claims are being remanded due to insufficient evidence in the previous decision.

The Veteran's PTSD, right shoulder disability, and cervical spine disability are rated appropriately. The case is being returned for further evaluation on the issues of service connection for hip disabilities, sacroiliac dysfunction, sleep disorder, and headaches.

The Board has denied the Veteran's claims for service connection for lumbar disc disease and cervical disc disease, finding that there is no evidence of a nexus between these conditions and his military service.

Service connection for a lumbar spine disability is granted, and an effective date of September 22, 2011, but no earlier, for the assignment of a 20 percent disability rating for osteoarthritis of the right knee is granted.

The Veteran's left knee disability is currently rated at 10 percent, but the Board finds no evidence of flexion limited to 30 degrees or less or extension limited to 15 degrees or more, even with consideration of pain and other functional impairment. Therefore, a higher rating is not warranted.,The Veteran's right knee disability is currently rated at 10 percent, but the Board finds no evidence of flexion limited to 30 degrees or less or extension limited to 15 degrees or more, even with consideration of pain and other functional impairment. Therefore, a higher rating is not warranted.,The Veteran's cervical spine disability is currently rated at 20 percent, but the Board finds no evidence of ankylosis, recurrent subluxation, lateral instability, dislocated semilunar cartilage or removal of the semilunar cartilage. Therefore, a higher rating is not warranted.

Service connection is granted for bilateral knee arthritis, low back disorder, left lower extremity lumbar radiculopathy, right lower extremity lumbar radiculopathy, cervical spine degenerative disc and joint disease, cervical radiculopathy (right upper and left upper extremities), acquired psychiatric disorder (major depressive disorder), and erectile dysfunction as secondary to service-connected right knee disabilities.,Service connection is granted for osteoporosis, deviated nasal septum, rhinitis, traumatic brain injury (TBI), left lower extremity patellar dysfunction, right tibia-fibula fracture residuals, right foot pes cavus deformity, right iliac crest, right lateral lower knee, and right medial knee scar, total disability rating for compensation based on individual unemployability (TDIU), and service connection is remanded for these conditions.

The Board denied payment or reimbursement of unauthorized medical expenses incurred during non-VA medical services provided at the University of Rochester Strong Memorial Hospital and affiliated physicians on specific dates due to a lack of prior authorization from VA, and because no VA facility was not feasibly available for these treatments.

The Veteran's claims for increased ratings and a TDIU have been dismissed as the Veteran withdrew his appeals. The Board granted a TDIU on an extraschedular basis for the period from September 1, 1992 to January 1, 2001.

The Board has remanded the Veteran's claims for service connection due to conflicting medical opinions and incomplete records. The Veteran is required to provide additional medical records, including from Dr. Constantine and Dr. Mazer since 2015, as well as reserve service treatment records.