Neck / cervical spine decisions — 2019

The Veteran's acquired psychiatric disorder is granted service connection. The remaining issues of service connection for a cervical spine disability, left foot disability, and bilateral hearing loss disability are remanded.

The Veteran's service-connected disabilities have been granted, including a 100 percent rating for loss of use of both feet and hands due to tetraplegia (paraplegia), SMC at the 38 U.S.C. § 1114(r)(1) rate, and certificates of eligibility for assistance in acquiring specially adapted housing and necessary special home adaptations.

The Board has remanded the Veteran's claims for cervical spine and right shoulder disorders due to insufficient opinions regarding their etiology. The Veteran is requested to provide any additional medical records, and a VA examiner will be asked to address whether his current conditions are related to service.

The Board has remanded the claims for service connection for various conditions due to a need to obtain additional information from Social Security Administration (SSA) records.

The Veteran's claim for an earlier effective date and increased rating for his cervical spine condition was denied.,His initial service connection award was granted on December 10, 2014.

The Board has remanded the claims for bilateral ankle disability, cervical spine disability (claimed as cervicalgia and torticollis), paresthesia left arm, headache condition, stomach condition, and gastrointestinal condition due to incomplete service records. The Veteran's current conditions are not related to her military service.

The Veteran's appeals for earlier effective dates have been dismissed as he withdrew his appeal in September 2017.

The Board dismissed the appeals for service connection of various conditions due to the lack of an adequate substantive appeal.,A new and material evidence request for service connection of headaches was granted.

The Board denied the Veteran's claim for compensation benefits under 38 U.S.C. § 1151 due to a lack of evidence showing that his current disability was caused by VA carelessness, negligence, or similar fault.

The Board has remanded the case for further action, including determining if the appellant is a proper substitute claimant and obtaining additional evidence. The TDIU claim will be adjudicated again after these actions.

The Veteran's appeal for service connection for prostate cancer, cervical and lumbar disc disease, and degenerative disc disease of the lumbar spine is remanded due to insufficient evidence regarding the etiology of these conditions.

The Veteran's claims for service connection for neck, right knee, and left knee disabilities were denied as the evidence did not support a finding that these conditions are related to service.,Service connection was granted for tinnitus but denied for left ear hearing loss.

The Board has decided that additional development is needed for the Veteran's claims, including obtaining private treatment records and SSA disability determination records.

The Veteran's bilateral pes planus is currently rated at 30 percent, but the Board finds that a higher rating is not warranted.,The Veteran's left foot dermatitis does not meet the criteria for a compensable rating under current regulations.

The Veteran's claims for service connection for various conditions have been denied. The Board found no new and material evidence to reopen the cervical spine disorder claim, as there was no etiological opinion linking the current condition to military service.,For the lumbar spine disorder, the Board also found no new and material evidence, as the Veteran's statements did not provide any additional information or opinions regarding a link between his military service and the diagnosed condition. The same conclusion was reached for other conditions such as left knee, right knee, left ankle, right ankle, left foot, right foot, cardiomegaly, hernia disorder, and gastroesophageal reflux disease (GERD).

The Board has remanded the issues of service connection for cervical spine disorder, respiratory disorder, cardiac disorder (including hypertension), and epilepsy due to conflicting evidence and need for additional development.

The Board has reopened the claim for service connection for cervical strain due to new and material evidence. The claims of service connection for bilateral hearing loss and tinnitus are remanded for further development.

The Board has granted service connection for degenerative joint disease of the cervical spine, but has remanded the issues regarding residuals of a head injury and psychiatric disability (including PTSD).

The Board has determined that the Veteran's service-connected disabilities have rendered him unable to secure and follow a substantially gainful occupation, granting his claim for TDIU.

The Veteran's claims of service connection for cervical spine, lumbar spine, hyperlipidemia, cerebrovascular accident, erectile dysfunction (secondary to prostate cancer), urinary incontinence (secondary to prostate cancer), hypertension, and an acquired psychiatric disorder have been withdrawn.,The Veteran does not have current diagnoses of erectile dysfunction or urinary incontinence.