Neck / cervical spine decisions — 2019

The Board has decided to remand the case due to incomplete opinions and need for additional evidence. The Veteran's cervical spine disability is being reviewed again with a new examination.

The Veteran's service-connected disabilities, including unspecified depressive disorder and musculoskeletal conditions, are alleged to have caused his obesity and subsequently led to obstructive sleep apnea (OSA). The Board has determined that a remand is necessary to obtain an opinion on whether the Veteran's OSA was caused or aggravated by his service-connected disabilities.

The appeal to reopen service connection for PTSD is dismissed as moot. New and material evidence has been received to reopen the claims of service connection for major depressive disorder, hepatitis C, left leg disability, right leg disability, left ankle disability, right ankle disability, and TBI.

The Board denied the Veteran's claim for special monthly compensation (SMC) based on the need for aid and attendance or housebound status, finding that his service-connected disabilities alone do not necessitate regular aid and attendance.

The Board has remanded the case due to the need for a new VA examination and consideration of the Veteran's flare-ups. The Veteran is also advised that his claims for service connection for migraine headaches and a cervical spine disorder are referred to the Agency of Original Jurisdiction (AOJ) for clarification.

The Veteran's claim for left upper extremity radiculopathy was denied as he does not have a current diagnosis of this condition.,A 10 percent disability rating is granted for bilateral plantar fasciitis, with pain on manipulation and use of the feet.

The Board denied the Veteran's appeal of whether a substantive appeal was timely filed in response to a May 2017 Statement of the Case (SOC) because he did not file a timely appeal within the required time frame.

The Veteran's cervical spine disability is granted as service-connected, related to an in-service helicopter jump accident. The psychiatric disability (claimed as PTSD) is denied due to lack of current diagnosis and no evidence linking it to service.,Ratings for left ankle, knee, and foot disabilities are remanded for further examination.

The Veteran's claims for hypertension, an acquired psychiatric disorder (to include depression and anxiety), cervical spine DDD and IVDS, left ankle OA, and OSA as secondary to cervical spine DDD and IVDS have been granted.,New evidence has reopened the Veteran's previously denied claims of service connection for hypertension and an acquired psychiatric disorder.

The Veteran's claim for service connection has been reopened, but the issues of service connection for various disabilities remain pending and need to be remanded for further development.

The Veteran's appeal regarding a rating in excess of 20 percent for lumbar spine degenerative arthritis is dismissed. The Board has also remanded the issue of service connection for cervical spine degenerative arthritis.

The Veteran's claims for service connection for right shoulder and cervical spine disorders have been granted. His claim for an increased rating of the lumbar spine disability has also been granted, with a current evaluation of 20 percent prior to September 14, 2017.

The Veteran's hypertension, cervical spine and lumbar spine disabilities, as well as their associated radiculopathy, are remanded due to the need for updated medical records and a new VA examination.

The Board has denied the Veteran's claims for service connection for neck disability, bilateral knee disability, and lower back disability. The Board has also remanded the issues of service connection for hypertension and prostate condition.

The Board has remanded the Veteran's claims for service connection and TDIU due to new evidence submitted at his hearing, as well as worsening of symptoms since his last VA examinations. The Veteran is also asked to provide authorization for VA to obtain private medical records from a pain management physician.

The Board has remanded three issues: 1) service connection for cervical spine osteoarthritis as secondary to service-connected left ankle disorder, 2) service connection for right shoulder osteoarthritis as secondary to service-connected left ankle disorder, and 3) an initial rating more than 20 percent from June 4, 2009 to February 15, 2011 and from September 1, 2011 and continuing thereafter for the Veteran’s service-connected left shoulder disorder.

The Veteran's claims for asthma or other lung disorder, diabetes mellitus, heart condition, bilateral arm neuropathy, bilateral shoulder, left elbow, cervical spine, and left hip conditions have been denied as new and material evidence has not been received to reopen these claims.,The Veteran's claim for service connection for a heart condition was denied due to lack of evidence showing the condition was caused or aggravated by service.

The Veteran's claims for service connection for various conditions, including coronary artery disease, irritable colon syndrome, chronic fatigue syndrome, arthritis of the left hand, and amputation of the distal tip of the left thumb have been denied. Additionally, his claims for increased ratings for thoracolumbar strain, left hip trochanteric pain syndrome and iliopsoas tendonitis, right hip trochanteric pain syndrome and iliopsoas tendonitis, cervical spine disability, headache disability, and obstructive sleep apnea have also been denied.

The Veteran's service-connected disabilities have rendered him unable to maintain substantially gainful employment, and the TDIU claim is granted. The left elbow disability issue remains pending due to a lack of VA examination.

The Board has remanded the cases due to insufficient medical opinions regarding the etiology of the Veteran's disabilities, particularly those related to service connection. The claims for tinnitus and bilateral foot disability have been granted, but further examination is needed to determine if these conditions are related to service.