Neck / cervical spine decisions — 2018

The Board has determined that new VA examinations are necessary to assess the current severity of the Veteran's service-connected migraine headaches and myofascial pain syndrome with cervical spinal stenosis disabilities, as his claims have worsened since their last evaluations.

The Veteran's TDIU claim for PTSD is denied as his service-connected disabilities do not prevent him from securing and following substantially gainful employment.

The Board denied the Veteran's claims for service connection for neck and back disabilities, finding no causal relationship between these conditions and his military service.

The Board has denied the Veteran's claims for service connection for right shoulder, cervical spine, and low back disabilities. The evidence does not support a finding that these conditions began during active service or are otherwise related to an in-service injury or disease.

The Board has reopened the claim of service connection for low back disorder. The issues of service connection for cervical spine condition, bilateral foot condition, right shoulder condition, and acquired psychiatric disorder are dismissed as the Veteran withdrew his appeal.

The Board has remanded the Veteran's claims for service connection for chronic prostatitis, cervical myositis, lumbar myositis, and a psychiatric disability other than PTSD. The AOJ must obtain VA treatment records from 1997 and any private treatment records related to his prostate condition in 1997. They are also required to provide the Veteran with release forms for these records if they have not already been obtained.

The Board has remanded several issues related to service connection for various disabilities due to lack of a VA examination and insufficient evidence.

The Board has determined that new and material evidence has been received to reopen the Veteran's claims for service connection for various conditions, including right knee, cervical spine, lumbar spine, bilateral hip, ankle, CTS, and left knee disabilities. The claims are being remanded for further development, including obtaining updated VA medical records and conducting additional VA examinations.

The Veteran's claims for service connection for PTSD, depression, low back disability, neck disability, right shoulder disability, and left shoulder disability have been granted.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation, and the Board has granted his claim for Total Disability Rating Based on Individual Unemployability (TDIU).

The Board dismissed the appeals for service connection due to the Veteran's death, as they have no jurisdiction to adjudicate the merits of the appeal at this time.

The Board has remanded the claims for service connection due to insufficient evidence regarding the onset and etiology of the Veteran's lumbar, cervical spine, and radiculopathy conditions during his military service.

The claim for service connection for Degenerative Disc Disease (DDD) of the cervical spine is granted. The claim for service connection for Medial Epicondylitis of the right elbow is remanded.

The Board has found that the Veteran's claims for service connection of a left shoulder disability, cervical spine disability, and visual impairment are not properly before it due to remand requirements. The effective dates for these issues remain pending.

The Board denied service connection for a neck disability as the evidence does not support that it began during or was caused by active service.

The Board dismissed the appeals due to the death of the appellant, as claims do not survive their deaths.

The Board denied service connection for cervical disc disease and a right ankle condition, finding that the evidence did not support a direct link to service.

The Board has remanded the Veteran's claims of service connection for a right shoulder disability and sleep apnea due to insufficient evidence. The Veteran is also being remanded for an examination to determine if his current disabilities are related to service.

The Board has decided to remand the Veteran's claims due to incomplete records, including missing service treatment and personnel records. The case will be returned for further investigation.

The Veteran's claims for increased ratings and entitlement to a total disability rating based on individual unemployability (TDIU) have been remanded.,For the cervical spine DDD, the Board found that an extraschedular rating prior to January 10, 2017 is not warranted. A schedular rating in excess of 40 percent from January 10, 2017 for DDD of the cervical spine has also been denied.,For bilateral upper extremity radiculopathy, a schedular rating in excess of 20 percent from January 10, 2017 has not been met.