Neck / cervical spine decisions — 2019

The Board has determined that the Veteran's lumbar and cervical spine disabilities did not occur during service, and there is no evidence linking these conditions to his military service. The post-service medical records indicate that his current back and neck problems are related to work-related injuries.

The Board has remanded the case due to insufficient opinions regarding whether the Veteran's current back disabilities are related to his service-connected costochondritis of the right ribs.

The Board has remanded three issues related to service connection for cervical and lumbar spine disabilities, as well as a disability manifested by numbness of the hands. The Veteran's claims are being returned for further development including new examinations.

The Board has determined that the Veteran's claims for service connection for a low back disability, obstructive sleep apnea, and neck disability need further examination and clarification. The case is being remanded to obtain additional medical opinions regarding the onset of these conditions during service or their relationship to service-connected disabilities.

The Veteran's right knee arthritis is granted service connection. The Board also granted service connection for a cervical spine condition, left hip arthritis (secondary to lumbar spine degenerative disc disease), and obstructive sleep apnea. Service connection was denied for the remaining conditions.

The Veteran's appeal for increased ratings and service connection has been dismissed as he withdrew his claims. A total disability rating based on individual unemployability due to service-connected disorders is granted.

The Board denied service connection for cervical spine disability, right ankle disability, and erectile dysfunction secondary to PTSD. The evidence did not support a finding that these conditions were related to service.

The Veteran's claim for increased ratings for his cervical spine disability was denied. The Board found that the evidence did not support a rating in excess of 20 percent prior to November 28, 2017 and a rating in excess of 30 percent beginning November 28, 2017.

The Veteran's rating for DDD of the cervical spine was reduced from 30 percent to 10 percent, effective August 1, 2016. The Board has determined that this reduction was improper and has restored the original 30 percent rating.

The Board denied reopening the claim of service connection for a cervical spine disability and denied an effective date prior to February 3, 2014, for the grant of a 10 percent rating for bilateral hearing loss.

The Veteran's tension headaches are currently evaluated as noncompensable, and the Board denied entitlement to an initial compensable disability rating for service-connected tension headaches. The Veteran was also denied TDIU due to his service-connected disabilities not rendering him unable to secure and follow a substantially gainful occupation.

The Board dismissed the Veteran's appeal for a rating in excess of 30 percent for asthma and denied her claim for service connection for a cervical spine disability.

The Veteran's claims for service connection and increased rating have been remanded due to the need for additional examinations and opinions regarding his cervical spine disability, bilateral upper extremity neurological disabilities, lower back disability, and TDIU.

The Board denied the Veteran's claims for service connection for neck disability, left hip disability, headaches, and an acquired psychiatric disorder. The appeals were dismissed or denied based on lack of new and material evidence.

The Board has remanded the claims for additional VA examinations to determine the current severity of the Veteran's degenerative joint disease of the cervical spine, lumbar spine, left shoulder, and right shoulder. The TDIU claim is also inextricably intertwined with these issues.

The Veteran's appeals to service connect suppurating ulcers on the right and left legs, diabetes mellitus, and a temporary total rating for a condition necessitating convalescence have been withdrawn.,New evidence has reopened claims of service connection for a left knee disorder and a lumbar spine disorder. The Board will now review these reopened claims.

The Board has remanded the claims of entitlement to increased ratings for cervical spine arthritis, left knee arthritis, and right knee arthritis due to inadequate medical opinions regarding functional loss or limitation of motion as a result of pain.,The Veteran's cervical spine arthritis is currently rated at 20 percent based on forward flexion limited to 45 degrees. The claim for a higher rating remains pending.

The Veteran's lumbar spine disability was not shown as chronic in service and did not manifest to a compensable degree within the applicable presumptive period. Continuity of symptomatology is also not established.,There is no evidence that the Veteran has had radiculopathy of the lower left leg at any time during, or approximate to, the pendency of the claim.,The Veteran's cervical spine disability was rated as 10 percent due to forward flexion limited to 30 degrees and combined range of motion not greater than 170 degrees. The examiner noted that repetitive use testing did not show any additional loss of function.

The Veteran's claim for an increased rating for cervical spine disability was denied, as the evidence did not show forward flexion of the cervical spine to 15 degrees or less at any point during the appeal period.,The Veteran's COPD was rated noncompensably disabling prior to May 3, 2017, and 10 percent thereafter. The Board found no basis for an increased rating.

The Veteran's cervical spine DJD is granted service connection based on a presumption of service connection due to the PACT Act. The right knee disorder, tendonitis and patellofemoral pain syndrome, is denied as not related to service. Service connection for hypothyroidism is also granted but with an initial 10 percent disability rating.