Neck / cervical spine decisions — 2019

The Veteran's appeal regarding his cervical spine disability, including degenerative arthritis and cervical myelopathy, has been dismissed as he withdrew the appeal prior to a decision being made.

The Veteran's application to reopen a claim for service connection for sprain, both ankles is granted. The initial compensable rating for bilateral hearing loss disability is denied. The claims of increased ratings for lumbosacral strain with degenerative arthritis (lumbosacral disability), cervical strain, and coronary artery disease (CAD) are remanded. The claims of service connection for left ankle disability, right ankle disability, left hand disability, and right hand disability are also remanded.

The Board has granted service connection for C6 compression fracture of the cervical spine and degenerative disc disease and spondylosis of the cervical spine, finding that the evidence is in relative equipoise as to whether these conditions are related to service. The issue of an initial rating higher than 10 percent for degenerative disc disease, spondylosis, with L5-S1 spondylolisthesis, of the lumbar spine remains pending.

The Veteran's claims for various disabilities were dismissed due to their death.

The Board has determined that additional evidence is needed to substantiate the Veteran's claims for service connection for various conditions, including arthritis, cervical spine disorder, lumbar spine disorder, and several other musculoskeletal issues. The decision also includes remands for tinnitus and peripheral neuropathy.

The Veteran's disability rating for degenerative joint disease of the thoracic spine with mild abnormal thoracic curvature was reduced from 20% to 10%, effective May 1, 2013. The reduction is granted.

The Veteran withdrew his appeals for service connection and increased ratings for cervical spine disability, major depressive disorder (MDD), post concussive headaches, and traumatic brain injury (TBI).

The Board has dismissed all claims of service connection due to the Veteran's death.

The Veteran's claim for service connection was pending at the time of his death, but the appellant filed her accrued benefits claim more than one year after his death. The appeal is denied as there is no legal basis for the payment of accrued benefits.

The Board has dismissed the appeals for service connection of degenerative joint disease, cervical spine, degenerative joint disease, lumbar spine, and chronic obstructive pulmonary disease with underlying emphysema due to the death of the appellant.

The Board has remanded the cases for further development and examination to determine if the Veteran's neck, left knee, and hypertension disabilities are related to his military service. The right knee disability case is also being remanded for a new VA examination.

The Board denied the appellant's claim for a total rating due to individual unemployability caused by service-connected disabilities, finding that his service-connected conditions do not preclude him from securing and following substantially gainful employment.

The Board has remanded three issues related to increased ratings for cervical spine arthritis and peripheral neuropathy of the lower extremities due to a lack of consideration of VA treatment records, including those from a neurology appointment.

The Board has remanded the case due to insufficient medical opinion regarding whether the Veteran's current neck disability is related to her service-connected lumbar disc disease or a 1986 in-service injury.

The Veteran's service connection claims for back disorder, bilateral hand disorder, neck disorder, and right knee disorder have been reopened. Service connection has been granted for the bilateral hand disorder and neck disorder, but denied for the back disorder and right knee disorder.,Service connection was granted on a presumptive basis due to herbicide exposure in Vietnam.

The Board denied the Veteran's appeal as the withholding of disability compensation for recoupment of disability severance pay in the amount of $18,580.95 was proper.

The Board has denied the Veteran's claim for service connection for a cervical spine disorder, finding that his current condition is not related to an in-service physical assault and there is no credible evidence of continuity of symptoms since service.

The Board denied the Veteran's claim for service connection of a cervical spine disorder, finding that there was no medical evidence linking his current condition to his military service.

The Veteran's cervical spine disability is being remanded for further examination and updated treatment records due to a possible material change in condition.

The Veteran's claims for service connection and increased ratings are being remanded due to the need for additional medical examinations and evaluations.