Neck / cervical spine decisions — 2019

The Board has remanded the Veteran's claims for service connection for various spinal and knee disorders, as well as a shoulder disorder, all claimed as secondary to service-connected bilateral pes planus. The remand requires obtaining additional medical records and scheduling an examination by an appropriate examiner.

The Board has granted service connection for thoracolumbar spondylosis at L4-5, degenerative disc disease of the cervical spine, and hypertension. The decision is based on evidence showing a link between these conditions and the Veteran's active service.

The Board has remanded the Veteran's claims for bilateral knee disabilities, bilateral hearing loss, tinnitus, residuals of a head injury (including vertigo and headaches), and neck disability due to outstanding treatment records and need for additional medical opinions.

The Board denied service connection for gout, chronic pain, left shoulder impingement syndrome and acromioclavicular joint osteoarthritis, low back disability, neck disability, respiratory condition (shortness of breath), and chronic kidney disease. The evidence did not show a relationship between these conditions and service.,The Board found that the Veteran's gout had no onset in service or was not related to service. For other conditions, there was insufficient evidence to establish their onset during service or relate them to service.

The Board has decided to remand the Veteran's claims for service connection for back and neck disabilities due to a lack of complete medical records, including those from VA treatment providers. The Veteran is also asked to provide exact dates of her ACDUTRA periods.

The Veteran's claims for service connection have been granted for his lower back, cervical spine, acquired psychiatric disorder (major depressive disorder), and headaches. The claim for bilateral foot disability has not met the criteria for reopening.

The Board has granted the Veteran's request to reopen claims for service connection for various conditions, including right ear hearing loss, left wrist disorder, low back disorder, cervical spine disorder, traumatic cognitive disorder (mental disorder due to traumatic fall), seizure disorder, and left knee disorder. The appeals are now remanded for further development.

The Board has decided to remand the Veteran's claims for service connection for cervical and thoraco-lumbar spine disabilities due to a lack of VA assistance in obtaining relevant private medical records. The Veteran is required to provide authorization for these records, which will then be requested by VA.

The Veteran's cervical spine disability is rated at 20 percent, effective October 27, 1998. The rating will remain in effect until further notice.

The Veteran's cervical spine disability was rated at 10 percent from October 30, 2014 to December 19, 2018. The Board granted a higher rating of 30 percent for this period based on the evidence showing more severe symptoms and limitations.

The Veteran's claim for a TDIU is being remanded due to the need for further development, including obtaining outstanding VA and private treatment records. The case will also be referred to the Director of Compensation Services for an initial adjudication on whether an extraschedular TDIU should be granted prior to January 28, 2015.

The Board has determined that additional medical opinions are needed to determine the etiology of the Veteran's cervical spine disorder, dystonia musculorum deformans, acquired psychiatric disorder, and subluxation of the mandible with temporomandibular joint sounds (TMJ).

The Board has determined that the Veteran's cervical spine disability and headaches are not service-connected due to lack of evidence showing a direct link between these conditions and his military service.

The Board denied service connection for a cervical spine disorder, finding that the Veteran's current diagnoses of arthritis of the cervical spine, cervical stenosis, discogenic spondylosis at C5-6, and hypomobility in the lower cervical spine did not have their onset during active military service or are otherwise related to an in-service injury.

The Board has remanded the cases for further development and examination to determine if the Veteran's claimed disabilities are related to service.

The Veteran withdrew their appeals regarding the increased ratings for cervical spine disability, lumbar spine disability, and major depressive disorder.

The Veteran's claims for service connection for cervical radiculopathy and a disability affecting the nerves in the back have been denied as there is no evidence of chronicity or nexus to service.

The Board has reopened the claim for service connection for cervical myositis and denied it on the merits. The claims for obstructive sleep apnea and Wolff Parkinson White disease are remanded.

The Board has reopened the Veteran's claims for service connection for back, bilateral hip, and neck disabilities. However, these claims are still pending as they have been remanded due to the need for additional VA examinations.

The Veteran's death was not due to a service-connected disability rated totally disabling for at least eight years prior, thus denying the claim for increased DIC benefits under 38 U.S.C. § 1311 (a)(2).