Neck / cervical spine decisions — 2019

The Veteran's appeal has been dismissed due to his death during the pendency of the appeal. The Board does not have jurisdiction to adjudicate the merits of the appeal.

The Veteran's claims for increased ratings of PTSD, cervical spine, and lumbar spine disabilities are remanded. Additionally, the TDIU claim is also remanded.

The Board has remanded the case due to insufficient rationale in a previous VA examiner's opinion. The Veteran's cervical spine disability is related to service, but the absence of complete service treatment records and the need for an updated examination are issues that require further development.

The Board has reopened the Veteran's claims for service connection for residuals of a laceration of the right index finger and cervical spine disorder. The claim for service connection for an acquired psychiatric disorder, to include PTSD, remains pending. These issues are being remanded due to the need for additional medical examinations and opinions.

The Board has remanded two issues: service connection for a lymph node in the cervical chain and service connection for skin cancer. The case is being returned to VA to obtain relevant medical records.

The Veteran's cervical spine disability is granted as incurred in line of duty during INACDUTRA in July 1966.

The Board has determined that new and material evidence has been presented to reopen the claims for service connection for cervical spine DDD and bilateral hearing loss. The claims are now remanded for further development.

The Board has remanded the Veteran's claims for additional consideration of new medical evidence, and the RO is instructed to consider this evidence in its review.

The Board has dismissed all pending appeals due to the appellant's withdrawal of his claims.

The Veteran's claim of service connection for sleep apnea has been granted. The claims for bilateral carpal tunnel syndrome and VA outpatient dental treatment have been remanded.

The Board denied the Veteran's claim for service connection for a gynecological disability, including cervical dysplasia, CIN, and HPV, as there is no evidence of a current disability resulting from her in-service condition.

The appeal for compensation under 38 U.S.C.A. § 1151 due to treatment at the Dallas, Texas VA Health Care System is dismissed because the appellant died during the pendency of the appeal.

The Board has dismissed the appeals for bilateral hearing loss and asthma as the Veteran requested withdrawal of these issues. The remaining issues have been remanded for further development.

The petition to reopen the claim for service connection for a right elbow disability was denied. The rating reduction from 20% to 10% for service-connected right shoulder tendonitis was improper, and the 20% rating is restored. Entitlement to a 30% disability rating for service-connected cervical spine disability is granted effective June 13, 2013.

The Board has denied increased ratings for chronic cervical strain and chronic lumbar strain on an extraschedular basis only. The case of entitlement to benefits under the provisions of 38 U.S.C. § 1151 for a right ankle disability is REMANDED, as well as the claim for TDIU.

The Veteran's claims have been remanded due to new evidence submitted, including a lay statement from another member of the National Guard who witnessed his in-service injury. The Board finds that this evidence relates the Veteran’s current lumbar spine disability to an in-service injury and requires further examination.

The claim for direct service connection of a back disability is granted. Other claims are denied.

The Board denied service connection for a low back disability, finding that the Veteran's current condition is not related to his in-service injury and did not manifest within one year of separation.,The Board also denied service connection for degenerative disc disease of the cervical spine, concluding that it was more likely due to an accident in 1999 rather than a service-connected injury.

The Board has remanded the claims for service connection for a left ankle disorder, left shoulder disorder (claimed as secondary to a left ankle disorder), and cervical spine disorder (claimed as secondary to a left ankle disorder) due to inadequate medical opinions. The issues are inextricably intertwined with the decision on the left ankle disorder claim.

The Board has decided to remand several issues related to the Veteran's claims for increased ratings, including those for his right wrist fracture, cervical spine degenerative disc disease, and radiculopathy of the right upper extremity.