Neck / cervical spine decisions — 2018

The Board has remanded the Veteran's claims due to insufficient medical evidence and incomplete development. The issues include service connection for various conditions, with some requiring additional examination and opinion.

The Veteran's lumbar and cervical spine disabilities were not granted initial ratings higher than 40% and 10%, respectively. The claims for service connection of various lower extremity disabilities, bilateral hearing loss, and tinnitus are all denied.

The Board has granted service connection for degenerative disc disease of the cervical spine, finding that there is at least an even balance of evidence to support a nexus between the Veteran's current condition and his in-service injury. The decision resolves reasonable doubt in favor of the Veteran.

The Veteran's appeal of the issues regarding cervical strain, sinusitis, and allergic rhinitis has been dismissed due to a withdrawal by the Veteran. The remaining claims for pes planus (left foot), pes planus (right foot), and bilateral tinea pedis are remanded.

The Board denied service connection for cervical spine and low back disorders, finding that the preponderance of evidence is against the Veteran's claims.

The Veteran's claims for service connection for cervical spine disc bulging, C3-4 and left arm disability (manifested by pain and tingling) have been denied as he failed to report for the scheduled VA examination.

The Veteran's neck disability was previously rated at 10 percent prior to September 5, 2017 and is now denied for a rating in excess of 20 percent.,Starting from September 5, 2017, the Veteran's neck disability remains rated at 20 percent.,The Veteran's back disability was previously rated at 20 percent from April 6, 2012 to May 23, 2013 and is now denied for a rating in excess of 20 percent.,Starting from May 23, 2013, the Veteran's back disability remains rated at 10 percent.

The Veteran's cervical spine disorder and bilateral hand numbness are granted as service connected.,Service connection for sleep apnea is denied.

The Veteran's appeals for hypertension and sleep apnea have been dismissed. The remaining issues of service connection for arthritis of the cervical spine, back disability, left hip disability, left knee disability, and bilateral hearing loss are remanded.

The Veteran's initial rating for lumbar strain prior to January 27, 2006 was denied.,An initial 40 percent rating for lumbar strain from January 27, 2006 to October 31, 2006 was granted.

The Veteran's cervical spine disability is rated at 10% and his Obsessive-Compulsive Disorder (OCD) is rated at 70%, effective July 5, 2017. The rating for the cervical spine disability remains denied.

The Board has granted an effective date of November 18, 2011 for the assignment of a 20% initial disability rating for left upper extremity radiculopathy. The Veteran's cervical spine and right knee patellofemoral syndrome increased ratings are remanded.

The Veteran's cervical spine condition is being remanded for a new medical opinion to address whether it was aggravated by his service-connected lumbar back strain.

The Veteran withdrew his claims for service connection for various conditions, including left shoulder disability, cervical spine disability, left foot disability, right foot disability, hearing loss (right ear), GERD, skin condition, radiculopathy of the upper and lower extremities, and a nervous condition. The Board also dismissed the claim for lumbago and sleep apnea due to insufficient evidence.

The Board denied service connection for cervical and lumbar spine disorders, finding no evidence of a nexus between the current diagnoses and in-service events.

The Veteran's claims for increased ratings and TDIU have been remanded due to the need for additional examinations and development of his medical records.

The Veteran's cervical spine disability is currently rated at 30 percent, the highest schedular rating available for his service-connected residuals of C5-6 and C6-7 cage fusion and discectomy with IVDS. The Veteran's cervical IVDS with sensory deficit of right arm (dominant) is also rated at 30 percent.,The Veteran's disability ratings are based on the severity of his symptoms, including pain and limited range of motion, which do not meet the criteria for a higher rating under the applicable diagnostic codes.

The Veteran's appeals for higher ratings for his thoracolumbar spine osteoarthritis and cervical spine osteoarthritis are being remanded due to the need for additional examination and evidence.

The Board has determined that the Veteran does not have a current diagnosis of a cervical spine disability and denied his claim for service connection. For asthma, the Board found that the evidence did not support higher staged initial ratings beyond what was already assigned. For PTSD, the Board also found no basis to grant higher staged initial ratings beyond what was already assigned.

The Veteran's claims for thoracolumbar spine strain and cervical spine strain have been denied as there is no evidence of a current disability related to service.,The Veteran's claim for hypothyroidism has also been denied, with the Board concluding that his condition did not begin during service.