Neck / cervical spine decisions — 2019

The Board has determined that the Veteran's cervical spine disorder is related to his in-service right ankle injury, and thus service connection for this condition is granted.

The Board has remanded the Veteran's claims for increased ratings for service-connected Degenerative Disc Disease (DDD) of the cervical and lumbar spine due to insufficient evidence from a previous VA examination, including lack of recent treatment records and an updated clinical evaluation.

The Veteran's cervical spine disability is granted as service-connected. The cases of rating higher for low back and radiculopathy disabilities, and determining effective dates are remanded.

The Veteran's increased disability rating claims for cervical strain prior to March 14, 2019 and since that date have been denied.,Service connection for an acquired psychiatric disorder is remanded due to the need for further evaluation.

All four issues on appeal (service connection for thoracolumbar and cervical spine disabilities, and right and left upper extremity radiculopathy) have been denied as they are considered final decisions based on the timing of the Veteran's initial service connection grants.

The Board has remanded the claims for cervical spine, bilateral shoulder, and bilateral arm disorders due to outstanding VA and private treatment records. The Veteran's service connection claims will be adjudicated again after obtaining additional evidence.

The Veteran's cervical spondylosis and osteoarthritis of the neck are found to have originated during service, meeting the criteria for service connection.

The Board has reopened the Veteran's claims for service connection for bilateral ankle, hip, knee, neck, and shoulder disabilities due to new evidence submitted. However, these claims are still remanded as VA examinations are needed to determine if there is a link between the current disabilities and service.

The Veteran's tinnitus is rated at the maximum schedular evaluation of 10 percent.,Service connection for left ear hearing loss has been granted, with a current rating of 10 percent.,Hypertension was not incurred in service and may not be presumed to have been incurred therein.,Low back disability was not incurred in service and may not be presumed to have been incurred therein.,Cervical spine disability was not incurred in service and may not be presumed to have been incurred therein.,Arthritis of the bilateral lower extremities was not incurred in service and may not be presumed to have been incurred therein.,Peripheral neuropathy of the right leg was not incurred in service and may not be presumed to have been incurred therein.,Peripheral neuropathy of the left leg was not incurred in service and may not be presumed to have been incurred therein.,An acquired psychiatric disability to include major depressive disorder is not related to an in-service injury, disease, or event.,Restless leg syndrome of the right leg is not related to an in-service injury, disease, or event.,Restless leg syndrome of the left leg is not related to an in-service injury, disease, or event.,Right hip disability was not incurred in service and may not be presumed to have been incurred therein.

The Veteran's tinnitus is granted service connection. The low back disability, diagnosed as degenerative joint disease of the lumbosacral spine, is denied due to lack of continuity of symptomatology after service and no medical evidence linking it to service. The neck, left knee, and left ankle disabilities are remanded for further examination.

The Board has remanded the Veteran's claims of service connection for a right shoulder disability and neck disability due to insufficient medical opinions addressing all theories of entitlement.

The Veteran's claims for neck, bilateral shoulder, left arm, left hand, and bilateral knee disabilities are denied as they do not meet the criteria for service connection.

The Board is remanding several claims for further development, including those related to left knee osteoarthritis and other service-connected disabilities.,Additional medical records are needed to clarify the etiology of the Veteran's claimed conditions and determine if they are related to her military service or service-connected disabilities.

The Board has denied reopening the claim for service connection of neck disability with degenerative joint disease of the cervical spine and has denied a rating in excess of 40 percent for low back disability and IVDS. The issue of secondary service connection for sleep apnea is remanded.

The Board has denied a rating in excess of 20 percent for the Veteran's cervical spine disability. The case is remanded to determine if the Veteran has a sleep disorder and an acquired psychiatric disorder, including PTSD and depression, that are related to his service-connected cervical spine disability.

The Board has denied service connection for cervical spine, lumbar spine, and bilateral knee disabilities due to lack of evidence linking these conditions to service.

The Veteran's chronic headache disability has been granted an initial 50 percent rating, effective from the date of her claim. The appeal for service connection for neck and low back disabilities was withdrawn.

The Veteran's service-connected cervical strain and lumbar strain have been remanded for additional examinations to assess the current severity of his disabilities.,The Veteran's service-connected patellofemoral syndrome in both knees has been remanded for additional examinations to assess the current severity of his disabilities.,The Veteran's service-connected medial tibial stress syndrome in both legs has been remanded for additional examinations to assess the current severity of his disabilities.,The Veteran's service-connected bilateral hearing loss has been remanded for an examination to determine whether he currently has a disability within the meaning of VA regulation.,The Veteran's service connection claim for a bilateral eye condition has been remanded for an examination to determine whether any diagnosed conditions are at least as likely as not related to his active service.,The Veteran's service connection claims for left shoulder, left hand, right hip, right thigh, bilateral ankle, bilateral foot, and bilateral toe disabilities have been remanded for examinations to assess the current severity of his disabilities.

Service connection for right shoulder strain and degenerative arthritis is granted.,Initial ratings of 10 percent, but no higher, for right knee osteoarthritis with limitation of flexion are granted.,Initial ratings of 20 percent, but no higher, for right knee osteoarthritis with limitation of extension are granted.,TDIU from March 14, 2017 is granted.,TDIU prior to March 14, 2017 on an extraschedular basis under 38 C.F.R. § 4.16(b) is remanded.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims for service connection of various disabilities, including lumbar spine, cervical spine, left lower extremity, headache disorder, and upper extremity disabilities. The missing records from his military service, as well as recent treatment records, need to be obtained.