Neck / cervical spine decisions — 2019

The Board has dismissed the appeals for service connection and TDIU due to the Veteran's withdrawal of his claims.

Compensation for bladder cancer is denied. Service connection for cervical spine, right wrist, and right ankle disorders is granted.

The Veteran's cervical spine disability was denied a rating in excess of 10 percent prior to January 24, 2019 and in excess of 30 percent from that date.,Radiculopathy of the right upper extremity and left lower extremity were both denied ratings in excess of 20 percent.,Left upper extremity radiculopathy was also denied a rating in excess of 10 percent prior to January 24, 2019.

The Veteran's earlier effective date for a right shoulder scar is dismissed as the Veteran did not disagree with the new effective date of January 8, 1992.,A compensable rating (30 percent) is granted for tension headaches based on characteristic prostrating attacks occurring once per month over several months.,The criteria for an increased rating for cervical spondylosis are not met as the Veteran's disability does not meet the criteria for a 10 percent or higher rating under Diagnostic Code 5239.,A compensable rating (10 percent) is denied for a right shoulder scar due to lack of instability and pain.,The criteria for an increased rating for thoracic outlet syndrome are not met as the Veteran's disability does not meet the criteria for a 20 percent or higher rating under Diagnostic Code 8514.

The Veteran's increased rating for headaches is granted, and her TDIU is also granted. The cervical spine strain with posttraumatic cervical radiculopathy and residuals of small broad base disc bulge at the level of L4-5 and L5-S1 lumbar spine are both remanded for further evaluation.

The Board has remanded the Veteran's claims for neck, lumbar spine, right hip, left knee, right knee, left hip, left shoulder, and right shoulder disabilities. The claims are also remanded for a VA examination to determine the nature and etiology of bilateral carpal tunnel syndrome.

The Veteran's cervical spine DDD, GERD, facial dermatitis, and internal hemorrhoids were all remanded for further evaluation. The appeal in the matter of residuals of a right fourth toe fracture is also remanded.

The Board has granted an earlier effective date of July 31, 1995 for the grant of service connection for cervical radiculopathy, Parson-Turner syndrome, and right upper extremity nerve damage.

The Veteran's claims of service connection for pes planus (flat feet) and a neck condition were denied due to lack of new and material evidence.,Entitlement to service connection for a seizure disorder and stroke associated with seizure was also denied.

Service connection is granted for cervical and thoracolumbar spine disabilities, diagnosed as degenerative disc disease and degenerative joint disease, both determined to be related to service.

The Veteran's TDIU claim is granted due to the combined effects of his service-connected disabilities, which render him unemployable.

The Veteran's depressive disorder and obstructive sleep apnea are granted service connection, but his cervical spine disability and thoracolumbar spine disability are denied. The left ankle disability is rated at the maximum allowed (40%), and a compensable evaluation for the residual scar is also denied.

The Veteran claims additional disabilities resulting from a wheelchair accident at a VA hospital. The Board finds that the private operative report is needed to determine if the claimed injuries are related to the incident.

The Veteran's cervical spine disability is rated at 20 percent from November 1, 2017. The Board has ordered a remand for further examination and evaluation of the Veteran's left shoulder musculoskeletal disorder and PTSD.

The Board has dismissed the appeals as the Veteran died during the appeal process and thus, does not have jurisdiction to adjudicate the merits of these claims.

The Board has decided to remand the claims for service connection due to the need for additional medical records and opinions.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional examinations and consideration of new evidence.

The Board has remanded the cases for further development, including obtaining VA examinations to determine the nature and etiology of any cervical spine condition and headaches.

The Veteran's degenerative disc disease of the cervical spine is currently rated at 10 percent, which is denied as it does not meet the criteria for a higher rating. The Veteran's allergic rhinitis has also been denied due to lack of evidence meeting the criteria for a compensable evaluation.

The Board has remanded the Veteran's claims for cervical spondylosis with myelopathy and intervertebral disc syndrome (IVDS) and right upper extremity radiculopathy and/or neuropathy due to inadequate medical opinions on direct service connection, as well as secondary service connection.