Neck / cervical spine decisions — 2019

The Veteran's increased disability ratings for lumbar spine DDD and cervical spine DDD have been denied. The rating of 20% has been maintained.

The Veteran's service-connected deviated septum is linked to his obstructive sleep apnea. His cervical spine disability has been granted as service connected, and the Board finds that there is no evidence of unfavorable ankylosis for a higher rating on lumbosacral strain.

The Veteran's claim for service connection for a respiratory disorder, including as the result of exposure to asbestos, has been remanded.,Claims for lower back, neck, and bilateral knee and leg disorders have also been remanded. The claim for service connection for an acquired psychiatric disorder remains denied.

The Veteran's claims for service connection for right and left ankle strains, cervical spine strain, degenerative joint disease of the lumbar spine, and bilateral pes planus have been denied as there is no clear and unmistakable evidence that these conditions began during service or are otherwise related to an in-service injury or disease.

The Board denied the Veteran's claims for service connection for disorders of the right shoulder and cervical spine, finding that her conditions were not related to service or secondary to her service-connected TMJ.

The Board has remanded several claims for service connection due to the Veteran's military service, including injuries sustained while playing football. The appeals are pending based on the appellant's contention that these conditions are related to his service.

The Veteran's claim for increased ratings and a TDIU was denied. The cervical spine disability is rated as 10 percent, 20 percent, and 30 percent from April 24, 2007 to May 2, 2017 respectively.

The Board has remanded the Veteran's claims due to insufficient examinations and need for additional development.

The Veteran's cervical spine degenerative joint disease and lumbar degenerative joint disease are denied as there is no evidence of a nexus to service.,The Veteran's chronic obstructive pulmonary disease (COPD) and erectile dysfunction are denied as the conditions did not manifest within one year after service or are not related to service.

The Board denied the Veteran's claims for service connection for low back and neck disabilities, finding that there was no evidence of an in-service injury or disease related to these conditions.

The Board has denied the Veteran's claims for service connection for various conditions, including arthritis in his hands and fingers, a psychiatric disorder, arthritis of his hips, cervical spine, left knee, wrists, and right knee. The issues of arthritis of the bilateral hips, cervical spine, left knee, and bilateral wrists have been remanded due to insufficient medical opinions. The issue of hypertension has also been remanded for further examination.

The Veteran's cause of death was a gunshot wound to the head. The Board found that his service-connected disabilities did not contribute substantially or materially to his death, and he did not meet the criteria for DIC benefits under 38 U.S.C. § 1318.

The Board has remanded several issues related to the Veteran's service connection claims, including secondary service connection for various conditions. The specific issues include sleep apnea, hypertension as secondary to lumbar-sacral strain, obesity, left knee condition associated with lumbar-sacral strain, right knee strain associated with lumbar-sacral strain, headaches, and erectile dysfunction.

The Board denied service connection for peripheral vestibular disorder, cervical spine condition, low back disability, and right elbow disability as secondary to service-connected disabilities. The Veteran's current conditions were not related to his active duty service or a service-connected disability.

Service connection is restored for depressive disorder, and the Veteran's claims for residuals of uvulectomy, obstructive sleep apnea, cervical spine disability, and degenerative disc disease of the lower back are all granted.

The Veteran's evaluation for degenerative disc disease of the cervical spine was reduced from 20 percent to 10 percent effective May 18, 2017. The reduction is granted as there has been actual improvement in his condition.

The Veteran's former wife, the appellant, is not a proper claimant for compensation for disabilities caused by exposure to herbicide agents. The criteria for such benefits have not been met.

The Veteran's claims for service connection for various conditions, including TBI residuals, PTSD, hearing loss, ocular migraine headaches, cervical spine disability, skin cancer, and others, were denied as the evidence did not support a causal relationship between these conditions and her military service.

The Board has remanded the claims of service connection for neck disability and headaches due to incomplete development. The Veteran's VA treatment records need to be obtained, as well as medical opinions regarding the etiology of his claimed conditions.

The Veteran's claim for service connection for a bilateral shoulder disability, neck disability and headache disability is remanded due to new evidence submitted since the April 2010 rating decision.