Neck / cervical spine decisions — 2019

The Board has remanded the issues of service connection for residuals of injury to right great and second toes, cervical spine degenerative arthritis, right upper extremity radiculopathy, and tinnitus due to lack of evidence showing an earlier effective date.

The Board has remanded the case due to new evidence received after the October 2017 Statement of the Case, and the Veteran's claim for an increased rating for his service-connected degenerative disc disease of the cervical spine will be reconsidered.

The Board has found that the VA examinations conducted in December 2018 did not substantially comply with the previous Board decision and are therefore inadequate. The matter is being remanded for further examination to determine the nature and etiology of any bilateral shoulder disability, neck disability, and/or back disability.

The Veteran's claims of service connection for various conditions, including PTSD and related disabilities, have been granted. The rating for PTSD has been increased to a minimum 70 percent.

The Veteran's appeal is remanded for further development, including additional VA examinations and an addendum opinion regarding his service-connected disabilities.

The Veteran's appeals for increased ratings and effective dates related to his right ankle disability have been dismissed. The claims of service connection for cervical strain, low back condition, and left knee condition have all been granted.

The Board has remanded several issues related to the Veteran's service connection claims due to insufficient evidence or need for additional development. The effective date of benefits is not addressed in this decision.

The Board has decided to remand the Veteran's claims for further development due to inadequate examination reports and failure to address functional impairment during flare-ups.

The Board has decided to remand the claim of entitlement to an initial evaluation in excess of 10 percent for a neck disability due to inadequate examination and failure to consider the Veteran's reports of flare-ups and additional functional limitation caused by his condition.

The Board has determined that new and material evidence has been presented to reopen the claim for service connection for a seizure disorder. The cervical spine disability issue is remanded.

The Veteran's service-connected disabilities, including dysthymic disorder with anxiety symptoms, migraine headaches, tinnitus, cervical spine degenerative disc disease, right ear hearing loss, and irritable bowel syndrome (IBS), preclude her from securing or following substantially gainful employment. The Board has granted a TDIU rating based on these service-connected disabilities.

The Board has granted earlier effective dates of September 5, 2013 for the grant of service connection for left and right lower extremity radiculopathy and an award of 10 percent for service-connected cervical spine, cervical spondylosis DJD with IVDS with scar.

The Veteran's appeal is remanded for additional development, including a new VA examination to address the evidence of record and provide an opinion on whether his LUE neurologic disorder is secondary to his service-connected cervical spine disability.

The Board has remanded several issues related to the Veteran's service-connected disabilities, including neck disability, headache disability, and acquired psychiatric disability. The claims are being remanded for further development, specifically obtaining additional private treatment records and scheduling VA examinations.

The Board has granted service connection for tinnitus. The cases of cervical spine disorder and hearing loss as secondary to a cervical spine disorder are remanded due to insufficient evidence.

The Board has granted service connection for a cervical spine disability secondary to the Veteran's service-connected right knee disability. The issue of service connection for radiculopathy of the right upper extremity is remanded as there is insufficient evidence regarding whether the Veteran currently has this condition or if it is related to his cervical spine disability. The TDIU and increased rating claims are also remanded.

The Board has determined that the Veteran's neck condition existed prior to service and is not aggravated by in-service activities. The case is being remanded for an addendum opinion from a clinician regarding whether the pre-existing condition was aggravated during active duty.

The Veteran's claims for service connection have been granted, but the issues of hearing loss and tinnitus are being remanded due to new evidence. The cervical spine disability, head injury with memory loss, migraine headaches, and hearing loss cases are also being remanded.

The Board denied service connection for lumbar and cervical spine disorders, including arthritis, spondylolisthesis, DJD, DDD, and status post fusion. The Veteran's current diagnosed conditions were not incurred in or related to active service.

The veteran's appeal for a higher rating on his cervical spine condition was dismissed because he withdrew the appeal before a decision could be made.