Neck / cervical spine decisions — 2018

The Veteran's bilateral upper extremity radiculopathy and cervical spine disability have been granted initial ratings of 20 percent since August 9, 2011. The Veteran is not entitled to higher ratings for these conditions.

The Board has remanded the cases due to inadequate prior examinations and the need for a new examination addressing the Veteran's lay testimony of continued symptomatology since service.

The Board has remanded the case due to insufficient development of evidence regarding the Veteran's cervical spine disorder, including his service connection theory and exposure basis.

The Board denied service connection for various musculoskeletal and headache disabilities, finding that the evidence did not support a nexus to service.

The Board denied the Veteran's claims for service connection for a cervical spine disorder to include degenerative joint disease and cervical radiculopathy, as well as residuals of a traumatic brain injury. The Board found that there was no evidence linking these conditions to service.

The Veteran's claim for service connection for degenerative disc disease of the cervical spine was reopened and granted. The evidence showed that his current condition is related to an in-service helicopter accident.

The Veteran's claims for increased evaluations for carpal tunnel syndrome, right hand and left hand, degenerative joint disease of the right ankle, mild arthritis of the left ankle, and bilateral pes planus are remanded due to insufficient evidence in his file. A new VA examination is required.

The Veteran's cervical spine disability and back disability are granted service connection, but the right and left knee patellofemoral syndrome, athlete’s foot, diabetes, right elbow strain, left elbow strain, arthritis throughout the body, hearing loss, pseudofolliculitis barbae, and tinnitus claims remain pending.,The Veteran's sleep apnea is granted service connection.

The Veteran's claims for service connection for lumbar arthritis, cervical degenerative disc disease and osteoarthritis, and right ankle disorder have been denied as the evidence does not support a link between these conditions and his military service.

The Board has remanded the case for further development, including obtaining VA medical records and conducting additional examinations to assess the severity of the Veteran's cervical spine, lumbar spine, left knee, and right knee disabilities.

The Veteran's right knee osteoarthritis changes status post arthroscopic repair is rated at 10 percent, and the Veteran has a separate evaluation of 10 percent for right knee instability. The Veteran’s tinnitus is currently evaluated as 10 percent disabling.,For his cervical spine conditions, the Veteran has been granted evaluations in excess of 20 percent from February 5, 2015. His lumbar spine condition remains at a 20 percent evaluation prior to February 5, 2015 and is rated as 40 percent disabling after that date.,The Veteran's progressive muscle atrophy associated with spondylosis with degenerative disc disease of the lumbar spine has been remanded for further review. His sleep apnea remains at a 50 percent evaluation, and his radiculopathy conditions have also been remanded.

The Board has remanded the claims of service connection for neck disability, numbness in fingers, and sleep apnea due to inadequate medical opinions and lack of evidence. The Veteran's assertions about ergonomic conditions during military service are considered.

The Board found no current disabilities of the bilateral shoulder, cervical spine, or right knee. The Veteran's reported traumatic brain injury and sleep apnea were not supported by evidence in service records or post-service treatment notes.

The Board has found that the Veteran's current neck and shoulder conditions are not related to her periods of active duty for training (ADT) in April 2001 and April 2004, respectively. The claims for left knee disorder, bilateral shin splints, residual right toe fracture, tinnitus, and palmar rash have been remanded due to insufficient evidence.

The Veteran's claim for service connection for headaches has been reopened, but the Board is unable to determine if the new evidence establishes a current disability or relates it to service. The other issues are remanded.

The Board has remanded the cases due to non-compliance with previous directives and requests for inpatient records from Davisville Naval Construction Battalion Center. The Veteran's claims of service connection for cervical and lumbar spine disabilities are being reviewed.

The Veteran's claim for an effective date prior to November 1, 2011 for additional dependency benefits was denied as proof of dependents was not submitted within one year of notification.

The Veteran's claim for an increased rating for his service-connected cervical spine disability was denied because he failed to report for a VA examination scheduled in November 2014.

The Board has granted service connection for a cervical spine disability, finding that the Veteran's condition is related to his military service.

The Board denied reopening of the claims for service connection for degenerative disc/bone disease, spinal stenosis, cervical spine disability, and COPD/emphysema due to lack of new and material evidence. The Veteran's claim for an increased rating for residuals of bladder cancer was also denied.