Neck / cervical spine decisions — 2019

The Board has remanded the claims for bilateral hearing loss, right and left foot scars, low back disability, neck disability, coronary artery disease, skin disability, osteomyelitis, and PTSD due to incomplete records from the Veteran's National Guard service. The Veteran needs to provide specific documented confirmation of the unavailability of the missing records.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for new VA examinations to assess the current severity of his service-connected musculoskeletal disabilities, bilateral hearing loss, hypertension, diabetes mellitus with diabetic retinopathy, left hip condition, left wrist condition, and ingrown toenails.

The Veteran's service connection claims for cervical spine disorder, lumbar spine disorder, left hand polyarthritis, right hand polyarthritis, left foot rheumatoid arthritis (due to Agent Orange exposure), and right foot rheumatoid arthritis (due to Agent Orange exposure) have been denied. The Board found that the disorders are not related to service.

The Board has remanded the case due to a lack of an adequate etiology opinion regarding whether the Veteran's neck disability is secondary to his service-connected disabilities. The examiner must consider the new legal definition of aggravation and provide an opinion based on this.

The Board has denied service connection for cervicalgia, bilateral ankle disorder, lumbar spine disorder, and cervical spine disorder as there is no evidence of current disabilities during the appeal period.

The Board has remanded the Veteran's claims for service connection for lumbar and cervical spine disabilities, including pinched nerves, due to incomplete information in the medical records and the need for further examination.

The Board denied service connection for a cervical spine disability, claimed as residuals of neck fracture, finding no nexus to active duty.,Service connection was also denied for the low back disability due to lack of evidence linking it to service.

The Veteran's appeal for service connection for sleep apnea has been withdrawn. Service connection for GERD and migraine/tension headaches, both secondary to PTSD with major depressive disorder, is granted.,Service connection for cervical spine degenerative joint disease, status post anterior fusion, radiculopathy right upper extremity, and right hand tremors, all claimed as secondary to PTSD with major depressive disorder, is remanded.

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) was granted, effective from July 14, 2008. The decision is based on the Veteran's service-connected disabilities and his inability to secure or follow a substantially gainful occupation.

The Veteran's appeal for service connection for GERD was withdrawn by the Veteran at his July 2019 hearing. The Board dismissed the remaining claims of service connection for low back and neck disabilities, bilateral leg and hand disabilities (numbness), and a psychiatric disorder.,Service connection was denied for all issues due to lack of evidence linking any diagnosed conditions to service or service-connected disabilities.

The Veteran's hepatitis C was aggravated by his service-connected degenerative disc disease of the lumbar spine, resulting in a grant of service connection.,Service connection for diabetes mellitus, type II is denied as there is no evidence linking it to active duty service.,Degenerative disc disease of the cervical spine is not service connected due to lack of evidence showing its onset during service or being caused by a service-connected disability. Service connection was granted based on aggravation by his service-connected lumbar spine disorder.,The cause of death, hepatocellular carcinoma resulting from hepatitis C, is recognized as service-connected.,An increased rating greater than 20 percent for degenerative disc disease of the lumbar spine is granted due to its severity and impact on employment.,TDIU is granted based on the Veteran's inability to secure or follow substantially gainful employment due to his service-connected disabilities.

The Veteran's left total knee replacement is rated at 30 percent, which is the maximum rating available under Diagnostic Code 5055.,The Veteran's degenerative arthritis of the thoracolumbar spine is currently rated at 20 percent. The Board finds that a higher rating is not warranted as there is no evidence of ankylosis or incapacitating episodes during the appeal period.,Prior to February 9, 2019, the Veteran's degenerative arthritis of the cervical spine was rated at 10 percent. The Board found that a higher rating is not warranted due to limited forward flexion and no evidence of ankylosis.

The Board has granted service connection for headaches, neck disability, low back disability, right upper extremity radiculopathy, left upper extremity radiculopathy, bilateral hip disability, right lower extremity radiculopathy, and left lower extremity radiculopathy.

The Board has denied the Veteran's claims for service connection for a cervical spine disability, tinnitus, and bilateral hearing loss due to lack of evidence showing these conditions were incurred or aggravated by military service.

The Board has decided that more information is needed to determine if the Veteran's headaches are related to his service-connected cervical spine disability. The case is being sent back for a new examination and opinion.

The Board has decided the rating for cervical spine disability and left and right upper extremity neuropathy, but has found that a new examination is needed to determine if an acquired psychiatric disorder is related to service-connected neck disability.

The Veteran's cervical spine disability is rated at an initial 20 percent, reflecting the presence of additional functional loss due to flare-ups that result in weakness, limited motion, and pain.

The Board has granted service connection for multilevel degenerative arthritis of the cervical spine and degenerative arthritis of the lumbar spine, finding that these conditions are at least as likely as not related to service.

The Board has denied service connection for a lumbar spine disability and a cervical spine disability, both claimed as back pain and neck pain respectively. The evidence does not support a finding of secondary service connection due to the Veteran's service-connected right shoulder disability.,The Board also found that there is no direct service connection for these conditions.

The Veteran's cervical spine disability is currently rated at 30 percent, effective August 10, 2007. The Board has determined that a higher rating is not warranted.,The Veteran's left upper extremity radiculopathy is currently rated at 60 percent, effective August 10, 2007. The Board has determined that a higher rating is not warranted.