Neck / cervical spine decisions — 2018

The Board denied the Veteran's claim for service connection of a cervical spine disorder, finding that his current condition did not manifest during active service and is not otherwise related to his military service.

The Board denied service connection for various conditions, including DDD of the cervical and thoracolumbar spine, bilateral hearing loss, GERD, obstructive sleep apnea, hypertension, dermatitis, squamous cell skin cancer, CTS, upper and lower extremity peripheral neuropathy, TBI, and migraine headaches. The Board found that there was no in-service injury or event supporting the claims for these conditions.

The Veteran's claim for an increased rating for his cervical spine disability was denied, and the issue of entitlement to a total disability rating due to individual unemployability (TDIU) was dismissed as moot.

The Veteran's service-connected disabilities rendered him unable to secure or follow substantially gainful employment on and after March 1, 2011. The Board granted a TDIU rating of 60 percent effective from that date.

The Board has vacated parts of the January 2018 decision and remand due to lack of due process. The claims for compensation under 38 U.S.C. § 1151 for neck, right shoulder, and right knee disabilities are reopened. Service connection for PTSD is also addressed but requires additional medical opinions.

The Veteran is entitled to a total disability rating based on individual unemployability due to service-connected disabilities as of June 10, 2014.

The Board has remanded the claims for bilateral shoulder strain and chronic cervical and lumbar spine strain due to insufficient medical opinions. The TDIU claim is also remanded as it may be impacted by the development of these service connection claims.

The Veteran's claim for a higher rating for his cervical spine condition, right cubital tunnel syndrome and radiculopathy, and right lower extremity radiculopathy was denied. The Veteran is currently receiving a TDIU.

The Board has remanded the issues of service connection for osteopenia, cervical spine disorder, hearing loss, tinnitus, hepatitis C, left upper extremity radiculopathy and peripheral neuropathy as secondary to lumbar spine disability, right upper extremity radiculopathy and peripheral neuropathy as secondary to lumbar spine disability, left lower extremity radiculopathy and peripheral neuropathy as secondary to lumbar spine disability, and right lower extremity radiculopathy and peripheral neuropathy as secondary to lumbar spine disability. The Board also remanded the issue of a rating for service-connected lumbar contusion, myositis, and lumbar spondylosis in excess of 20 percent prior to May 17, 2012 and in excess of 40 percent from May 17, 2012.

The Veteran's claim for impaired fasting glucose was denied as it is not a disability for VA compensation purposes.,PTSD service connection was granted with an effective date of December 29, 2016. An earlier effective date prior to this date was denied.,An initial PTSD rating in excess of 10 percent was denied.,Bilateral pes planus service connection was granted with an effective date of April 29, 2011. An earlier effective date prior to this date was denied.,Service connection for a skin disability was denied.,Allergic rhinitis was granted as related to the Veteran's active service.,The claims for cervical spine and sinus disabilities were reopened.

The Veteran's service-connected disabilities, including cervical spine condition, lumbosacral strain, cervical spondylosis with herniated discs, left arm radiculopathy, bursitis of the left knee, and headaches, prevented him from securing or following substantially gainful employment prior to May 30, 2006.

The Board has remanded the case for several issues, including a rating for right ulna fracture residuals and service connection for various hand, shoulder, and back disorders. The TDIU claim is also inextricably intertwined with these other claims.

The Veteran's appeal is remanded due to insufficient evidence regarding the service connection for his cervical spine condition. The Board requests additional medical records and a new VA examination.

The Veteran's claim for service connection for right lateral/medial epicondylitis and hyperlipidemia was denied. The Board found no current diagnosis of these conditions.,Service connection for PTSD, thoracolumbar spine IVDS and degenerative arthritis, right lower extremity radiculopathy, left lower extremity radiculopathy, left ankle sprain, cervical spine strain, right shoulder sprain, right shin splints, left shin splints, hemorrhoids, right knee patellofemoral syndrome, and left knee patellofemoral syndrome was denied. The Veteran's PTSD disability rating prior to September 27, 2012 was also denied.

The Veteran's Dupuytren's contracture, right hand is as likely as not proximately due to his service-connected cervical spine disorder and associated cervical radiculopathy of the upper right extremity. Therefore, service connection for this condition is granted.

The Board has remanded the Veteran's claims for increased ratings and service connection due to missing VA treatment records, as well as a need for further examination of his lumbar spine disability. The Veteran's claim for reopening a previously denied left knee disability is also remanded.

The Board has remanded the claim of service connection for a cervical spine disability, including as secondary to a service-connected thoracolumbar spine disability, due to insufficient evidence regarding the nature and etiology of the Veteran's cervical spine condition.

The Veteran's cervical spine disability is remanded for a VA examination to determine its etiology and whether it is related to his military service.

The Board denied service connection for cervical and lumbar spine disabilities, finding that the presumption of soundness has been rebutted in both cases.

The Veteran's appeals for service connection of lumbar and cervical spine disorders have been dismissed.,The Veteran's vascular headaches are now rated at 50%.