Neck / cervical spine decisions — 2019

The Veteran's service-connected disabilities include a cervical spine disability, bilateral hearing loss, low back disability, and other conditions. The Board has granted entitlement to TDIU since September 27, 2011.,Prior to September 27, 2011, the Veteran’s service-connected disabilities did not meet the threshold requirements for a schedular TDIU. However, the evidence suggests that his service-connected disabilities may impact his employability and should be referred to the Director of Compensation Service for extraschedular consideration.

The Veteran's claims for increased ratings for intervertebral disc syndrome of the cervical spine and Muscle Group XVIII, claimed as pelvic rotation associated with soft tissue lacerations right foot and heel with residual pes planus are being remanded due to the need for additional examinations to assess the severity of his disabilities.

The Board has granted service connection for arthritis in the back and neck, both secondary to the Veteran's service-connected left knee strain with arthritis.

The Board has remanded the case due to insufficient evidence regarding the Veteran's cervical spine disability, including whether it is related to service or secondary to his service-connected conditions.

The Veteran's TBI has not resulted in higher than level 2 impairment in any facet for rating TBI. The criteria for an initial rating in excess of 40 percent for TBI prior to June 22, 2012 have not been met.,The criteria for a rating in excess of 70 percent for TBI with bipolar disorder and dextromethorphan dependence from June 22, 2012, to April 4, 2013, have not been met. A 100 percent rating for TBI with bipolar disorder and dextromethorphan dependence from April 4, 2013, to June 24, 2013, has been granted.,The criteria for a rating in excess of 70 percent for TBI with bipolar disorder and dextromethorphan dependence from November 1, 2013, to May 23, 2015, have not been met.

The Board has granted service connection for a lumbar spine disorder, a cervical spine disorder, and right knee degenerative joint disease status post total arthroplasty. The Veteran's current conditions are related to his military service.

The Board denied service connection for cervical spine disability and chondromalacia of the left and right knees, finding that there was no direct evidence linking these conditions to active service. The examiner also found that the Veteran's current cervical spine disability is not related to his service-connected chronic lumbar syndrome.

The Veteran's lumbar spine disorder is rated at 40 percent, and he was granted separate ratings for LLE and RLE radiculopathy prior to May 8, 2017. The Board also found that the Veteran's service-connected disabilities precluded substantial gainful employment, leading to a grant of TDIU.

The Board has determined that the Veteran's tinnitus and cervical strain are related to his service, but the initial compensable rating for traumatic brain injury is remanded due to insufficient evidence. The hearing loss case is also remanded.

The Veteran's service-connected disabilities did not render him incapable of securing or following a substantially gainful occupation prior to October 5, 2012.

The Board has remanded the claims for further development due to incomplete consideration of additional evidence and failure to provide a Statement of the Case. The issues include service connection for obstructive sleep apnea, cervical spine disability, hypertension, lumbar spine disability, radiculopathy of the lower extremities, and TDIU.

The Board has remanded the claim for an increased rating of service-connected degenerative joint disease of the cervical spine due to inadequate March 2017 VA examination. The Veteran needs a new VA examination to assess the severity and functional impact of his condition.

The Board has denied the Veteran's claims of service connection for various disabilities, including left and right shoulder, elbow, hand, neck, and knee conditions. The evidence does not support a finding that these conditions were incurred or aggravated during active duty.

The Board has remanded the Veteran's claims for additional development due to deficiencies in prior VA examinations and lack of consideration of all relevant medical data.

The Board has remanded the claims for increased ratings for cervical strain and lumbar disc herniation due to inadequate medical opinions in the May 2017 VA examinations.

The Board dismissed all issues of appeal due to the appellant's withdrawal prior to a decision being made.

The Veteran's claims for effective dates prior to December 30, 2013, for increased disability ratings of various service-connected conditions have been denied. The Board found no evidence that the Veteran initiated his claims before this date.

The Board has remanded the claims for service connection due to insufficient evidence and need for further examination. The Veteran's high cholesterol is denied as it does not constitute a disability, but his cervical spine, left knee, hemorrhoids, headaches (claimed as migraines), and insomnia are being reviewed.

The Board has decided to remand the Veteran's claims for cervical spine disorder and psychiatric disorder (including PTSD) due to incomplete STRs, lack of VA examination, and need for additional evidence. The case will be returned to the RO for further action.

The Veteran's cervical spine disorder is not service-connected, and the Board denied service connection for a cervical spine disorder as secondary to his service-connected degenerative disc disease of the lumbar spine.,Increased ratings were granted for radiculopathy (sciatic nerve) right lower extremity and left lower extremity from December 7, 2018. The Veteran's femoral nerve radiculopathy was also increased in rating.