Neck / cervical spine decisions — 2019

The Veteran withdrew his appeals for several service connection claims and the reopening of a claim, resulting in their dismissal.

The Board has remanded the Veteran's claims for cervical spine, thoracolumbar spine, right shoulder, bilateral hip arthritis, and dermatitis conditions due to inadequate etiological opinions in the current file. The VA is directed to seek Social Security Administration (SSA) records and obtain new medical opinions regarding the onset and progression of these conditions.

The Veteran's claim for service connection for corneal degeneration in the left eye was denied. The claims for higher initial ratings for left shoulder rotator cuff tendonitis, chronic cervical spine strain, and left knee patellar tendonitis were granted with a 20% rating effective from December 14, 2014. The claim for service connection for left upper extremity neuropathy and PTSD was remanded.

The Board has remanded the Veteran's claims for service connection and initial ratings for various disabilities, including right and left ankle disabilities, cervical and thoracolumbar spine disabilities, shoulder and knee conditions, and bilateral plantar fasciotomies. The appeals are being remanded due to outstanding private treatment records and a need for updated VA examinations.

The Board has denied the Veteran's claim for service connection for degenerative disc disease of the cervical spine, finding that it is not secondary to her service-connected low back disability and there is no evidence of a chronic condition in service or within the applicable presumptive period.

The Board has granted increased ratings for the Veteran's neck and low back disabilities, as well as separate ratings for his upper extremity radiculopathy. The effective date is not specified.

The Veteran's claims for increased ratings for cervical spine degenerative disc disease, left knee tendonitis status post cruciate ligament repair, and left ankle disability status post ligament repair have been denied. The evidence did not show the required functional loss or ankylosis to warrant higher ratings.

The Board has denied the Veteran's claims for service connection for lumbar spine disorder, cervical spine disorder, and obstructive sleep apnea as secondary to service-connected allergic rhinitis. The case is remanded for further development.

The Veteran's claims for increased ratings and TDIU were granted, with some issues being resolved in his favor. His cervical spine disability was rated at 10 percent from August 15, 2013 to June 20, 2016, and at 70 percent after March 23, 2015. His lumbar spine disability was also rated at 10 percent for the same period. The Veteran's major depressive disorder received a rating of 70 percent from August 15, 2013 to March 23, 2015, and a 100 percent rating after that date. TDIU was granted prior to March 23, 2015, but dismissed on or after that date.

The Veteran's claims for service connection for a neck disability and hypertension have been reopened. The Board has determined that new and material evidence has been received to reopen these claims. However, the claims are still being remanded due to the need for additional development.

The Veteran's cervical spine disability was not shown in service and did not manifest to a compensable degree within the applicable presumptive period. The Board found that his current condition is not related to an injury or disease incurred in service, but rather due to a waterskiing accident many years after separation.

The Board has denied service connection for left knee tenosynovitis and remanded the claims for lumbosacral (back) disability, cervical (neck) disability, and bilateral hearing loss due to lack of nexus between current conditions and active service.

The Board has denied service connection for HSV infection, cervical spine condition, and lumbar spine condition as the evidence does not support a nexus between these conditions and service.

The Board has denied service connection for a cervical spine disability, to include as secondary to low back disability. The claim for an effective date prior to January 29, 2013 for the award of TDIU is granted. Peripheral neuropathy claims are remanded.

The Veteran's claims for neck, back, and right shoulder disorders have been denied as new and material evidence has not been received to reopen the claims.,Service connection for bilateral hip disorders was also denied in a July 2015 rating decision.

The Board has granted service connection for Degenerative Joint Disease of the cervical spine and Sleep Apnea, as secondary to service-connected Traumatic Brain Injury. The Veteran's current conditions are related to his military service.

The Board dismissed the appeal of the issue regarding an earlier effective date for the addition of the Veteran's dependent to his VA compensation award. The appeal was also withdrawn as to the service connection claim for a cervical spine disability.

The Veteran's service connection claim for spinal arthritis to include as secondary to left shoulder DJD is denied. The Veteran's increased rating claims for left shoulder DJD and bilateral pes planus with plantar fasciitis are also denied. The TDIU claim is denied.

The Veteran's cervical spine condition is denied as it did not manifest to a compensable degree within one year of active service and continuity of symptomatology is not established.,The Veteran's left shoulder disability is currently rated at 20 percent, but the Board finds no basis for granting a higher rating under any applicable diagnostic codes.

The Board has granted service connection for a neck disability but remanded the gastrointestinal condition claims due to insufficient medical opinions.