Neck / cervical spine decisions — 2018

The Board has remanded the issue of service connection for a cervical spine condition due to potential pre-existing conditions and possible aggravation during service. The Veteran's file will be returned to an examiner to address these issues.

The Veteran's cervical spine disability is not service-connected, and his left ankle DJD warrants a 10% rating.

The Board has remanded the case due to the need for additional medical examination and development of records.

The Veteran's appeal is remanded for further development regarding his service connection claim for GERD and increased rating claims for IVDS of the cervical spine. The Board found that a higher rating was not warranted under either the General Rating Formula or the IVDS Formula.

The Veteran's claim for a rating in excess of 30 percent for migraine headaches is remanded due to lack of recent medical records. The compensable rating for status post left ovarian cyst and cervical scarring remains denied.

The Veteran's hypertension, lumbar spine degenerative disc disease, and cervical spine degenerative joint disease are not service connected. The Veteran's lumbar spine condition is rated at 10% since the beginning of the appeal period, while his cervical spine condition was initially non-compensable but later granted a 20% rating starting from May 16, 2013.

The Board denied the Veteran's claims of service connection for left shoulder disability, cervical spine disability, and bronchial asthma as new and material evidence was not received to reopen these claims.

The Board has decided to remand the Veteran's claims for cervical and thoracic spine disabilities due to incomplete records and the need for a VA examination.

The Board has granted service connection for cervical and lumbar spine disabilities, but the Veteran's claims of entitlement to service connection for depression and TDIU are being remanded due to procedural issues.

The Veteran's appeals for increased ratings and TDIU were denied. The left thumb disability was rated at 10%, the cervical spine disability at 20% from October 27, 2010 to July 26, 2015, and at 30% since July 27, 2015; the lumbar spine disability at 40%; the bilateral knee disability at 10%; and TDIU was denied from October 27, 2010 to June 30, 2011. The effective date for the 30% rating for cervical spine disability remains July 27, 2015.

The Veteran's claims for service connection for cervical spine disability, right hand condition (claimed as loss of grip and feeling), left hand condition (claimed as loss of grip and feeling), and vertigo are remanded due to the need for additional development.

The Board dismissed the appeals as the appellant died during the pendency of the appeal.

The Veteran seeks service connection for right carpal tunnel syndrome, which he claims is secondary to benign paroxysmal positional vertigo (dizziness). The case is being remanded due to the inextricability of his claim for benign paroxysmal positional vertigo and this one.

The Veteran's service-connected diabetes is found to have caused his bilateral lower extremity neuropathy. The effective date for the grant of service connection for CAD is granted as April 2, 2014.

The Veteran's service-connected disabilities preclude him from obtaining and retaining substantially gainful employment, leading to the grant of TDIU.

The Board has remanded the Veteran's claims for heart disability, hypertension, cervical spine/ neck disability, low back disability, peripheral neuropathy of the bilateral arms and hands, peripheral neuropathy of the bilateral legs, bilateral shoulder disability, bilateral hip disability, bilateral knee disability, bilateral ankle disability, bilateral feet disability, bilateral hearing loss, tinnitus, sleep apnea, thyroid disability, cerebrovascular accident (CVA), and acquired psychiatric disorder to include posttraumatic stress disorder (PTSD), nervous disorder, anxiety, and depression.

The Veteran's PTSD is rated at 70 percent, but no higher, for the entire appeal period. The rating for cervical neck strain with DJD prior to April 13, 2015 and since October 4, 2016 is remanded.

The Board has denied service connection for left shoulder, cervical spine, lumbar spine, and right knee disabilities due to lack of evidence linking these conditions to active duty or service-connected conditions. The case is remanded for further development.

The Board denied service connection for cervical and lumbar spine arthritis, finding that the Veteran did not have a current disability related to his military service.,Service connection was also denied for stroke residuals due to lack of evidence of a current diagnosis during the appeal period.

The Board denied an increase in disability rating for degenerative disc disease of the cervical spine prior to October 27, 2017 and from October 27, 2017 onwards. The evidence did not meet the criteria for a higher rating.