Neck / cervical spine decisions — 2018

The Board has found that there has not been substantial compliance with its prior remand directives and the case is being remanded for further development.

The Board has remanded the case due to insufficient evidence regarding the cause of death and its relationship to service-connected conditions.

The Veteran's intervertebral disc syndrome with degenerative arthritis of the lumbar spine, bilateral hearing loss, tinnitus, cervical spine disorder, left knee disorder, left foot disorder, OSA, and dermatitis are all granted as service-connected. The conditions were presumed to have been incurred in service due to exposure to herbicides.

The Board has granted service connection for neck and back disabilities, finding that these conditions are attributable to service.

The Board has decided to remand the cases for further development and consideration due to inadequate opinions in the previous VA examinations.

The Veteran's service-connected low back disability and neck disability have rendered him unable to secure or follow a substantially gainful occupation, warranting a TDIU. The issues of entitlement to a rating in excess of 10 percent for the low back disability and entitlement to a temporary total rating under 38 C.F.R. § 4.30 are remanded.

The Veteran's initial ratings for cervical spine, thoracolumbar spine, and sciatic radiculopathy of the lower extremities have been denied. The Veteran's conditions are rated based on their direct service connection without any presumption or secondary theory.

The Board has remanded the Veteran's claims for cervical spine, right knee, left knee, Gulf War illness, and traumatic brain injury with migraine headaches due to new evidence received since previous decisions.

The Board has remanded the Veteran's claims for cervical spine disorder, lumbar spine disorder, hearing loss, tinnitus, right leg L4-L5 rami-irritability (claimed as secondary to a low back disability), and depression due to incomplete records and lack of medical opinions regarding service connection.

The Board has remanded several claims, including service connection for asthma and an acquired psychiatric disorder, due to the need for additional medical examinations and consideration of new evidence. The Veteran's cervical spine and back disabilities are also being examined as they may be related to his active military service.

The Veteran's cervical spine disability is rated at 30 percent, but no higher, due to additional functional loss due to pain. The evidence does not show unfavorable ankylosis or any other conditions that would warrant a higher rating.

The Board has determined that the Veteran's cervical spine disability, including degenerative disc disease and spondylosis, is at least as likely as not caused by his military service. The decision grants service connection for this condition.

The Board has remanded the case due to the need for a VA examination to determine if the Veteran's current cervical spine disability is related to his April 1998 surgery and whether it was caused by carelessness, negligence or similar fault.

The Veteran's cataracts are not related to service or a service-connected disability.,The Veteran's current hypertension is not at least as likely as not caused by in-service herbicide exposure.

The Board denied past due benefits for attorney fees as the claim for service connection for tension headaches was not a final decision and thus, no fees were earned.

The Veteran's cervical strain and right ear hearing loss claims are denied as there is no evidence of current disabilities.,The Veteran's left leg shin splints with calf muscular strain claim is remanded for further evaluation, but the initial rating remains at 0% (denied).,The Veteran's right leg shin splints with calf muscular strain claim is also remanded for further evaluation, and the initial rating remains at 10% (denied).,The Veteran's headaches claim is denied as there is no evidence of a current disability.

The Veteran's appeal for increased ratings and service connection claims were dismissed. The claim for service connection for a cervical spine disorder was denied as new evidence did not raise a reasonable possibility of substantiating the claim. The Veteran's depressive disorder was granted service connection, but his lumbar spine disability remains at 20% despite some functional limitations.

The Veteran's claims for service connection have been denied. The Board found no new and material evidence to reopen the left shoulder disability claim, while the cervical spine disability claim was reopened based on new evidence showing a diagnosis of chronic neck pain. Service connection for heart disorder and respiratory disability were not established due to lack of current diagnoses or functional impairment. The mood disorder claim is granted as secondary to service-connected disabilities.

The Board has remanded the claims for increased ratings due to insufficient evidence from a recent VA examination.

The Veteran's claim for increased rating for psoriasis, tinea pedis and tinea corporis is remanded. The claims for service connection for cervical strain, orbital tumor, sleep apnea, varicocele, and benign prostatic hypertrophy are also remanded.