Neck / cervical spine decisions — 2018

The Board has remanded several issues on appeal, including service connection claims for various disabilities and an initial rating for fibromyalgia. The effective date of service connection for fibromyalgia is granted as May 13, 2010.

The Board dismissed all appeals except the claim for a TDIU, finding that the Veteran's service-connected disabilities prevent him from securing and following substantially gainful employment.

The Board has remanded the Veteran's claims for service connection for a left shoulder condition and cervical spine condition, as secondary to a left shoulder condition due to incomplete medical records. The Veteran is required to provide additional treatment records and undergo an examination.

The Board has denied reopening the claims for service connection of left knee, neck and low back disabilities due to lack of new and material evidence. The case is remanded for further development.

The Board has remanded the claims of service connection for a cervical spine disability, gastroesophageal reflux disease (GERD), and Graves' Disease due to outstanding records and need for additional development.,VA is required to obtain relevant private and VA treatment records.

The Board has determined that the Veteran's claims for service connection are inextricably intertwined with his claims for PTSD and an acquired psychiatric disorder distinct from PTSD, as well as his claim for a total disability rating based upon individual unemployability (TDIU). Therefore, these issues must be remanded to allow VA to obtain all available service treatment records and corroborate the Veteran's reported stressors. Additionally, the Veteran needs to have additional medical examinations to determine the nature and etiology of his claimed disabilities.

The Board dismissed the appeals of service connection claims for degenerative lumbar spine disease, cervical spine injury, bilateral hearing loss, and tinnitus due to the death of the appellant.

The Veteran's major depressive disorder is granted as service connected. Service connection for cervical spine, lumbar spine, right shoulder, left knee, and right knee disorders are restored due to improper severance of service connection.

The Board has remanded the Veteran's claims of service connection for various musculoskeletal disorders, including left and right shoulder, cervical spine, hip, knee, ankle, and foot conditions. The claims are being returned to VA for further development.

The Veteran's service-connected disabilities, including PTSD, lumbar spine injury with subsequent osteoarthritis (curved spine), pinched nerve of the cervical spine, mild degenerative changes in the left leg and knee, and prostate cancer, preclude him from obtaining and maintaining substantially gainful employment. As a result, his claim for TDIU is granted.

The Board has decided to remand the claims for lumbar spine disability, cervical spine disability, and sinus arrhythmia due to missing records and the need for additional examinations.

The Board has denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities, as there is no evidence that he is incapable of substantially gainful employment.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence, including lack of in-service complaints and treatment records. The Veteran will need to provide updated VA treatment records and undergo a VA examination.

The Board has remanded the case due to insufficient medical opinions regarding the Veteran's cervical spine disorder and its relationship to his service-connected lumbar spine disability. The Veteran is also denied service connection for sleep apnea.

The Veteran's service-connected cervical spine disability is rated at 30 percent, effective from the date of this decision. The Veteran does not meet criteria for SMC based on need for aid and attendance due to his service-connected disabilities. The Veteran also does not meet criteria for TDIU.

The Veteran's claims for increased ratings have been granted, with the exception of his claim for a compensable rating for left elbow olecranon bursitis. The remaining conditions are rated based on their current manifestations.

The Veteran's service-connected right fifth metacarpal fracture is granted a non-compensable rating. The Veteran's cervical spine disability is remanded for further development.

The Veteran's service-connected disabilities were so severe as to prevent him from engaging in substantially gainful employment since October 27, 2009. The Board has determined that the evidence of record demonstrates this and affords the benefit of doubt to grant a TDIU effective October 27, 2009.

The Board has remanded the cases for additional development, including obtaining medical records and conducting VA examinations to determine the nature and severity of the Veteran's service-connected conditions. The hyperhidrosis claim remains denied as there is no evidence that it prevents the Veteran from handling paper or tools. The pericarditis and left knee disability claims are also remanded due to inadequate examination reports.

The Veteran's lumbar and cervical spine disabilities are granted service connection. The respiratory disability is denied, and the left wrist and gastrointestinal disabilities are remanded for further evaluation.