Neck / cervical spine decisions — 2019

The Veteran's TBI rating was reduced from 40% to 10%, effective April 10, 2014. The GERD and shoulder conditions were remanded for further evaluation. Other issues related to service connection or disability ratings remain pending.

The Board previously denied service connection for lumbosacral and cervical spine disabilities, but the Veteran has appealed this decision. The TDIU claim is also remanded due to its inextricably intertwined nature with the PTSD issue. A new claim for service connection for PTSD was filed, which could impact the TDIU determination.

The Board has remanded the Veteran's claims for increased ratings and service connection due to incomplete compliance with previous remand orders, including the need for new VA examinations.

The Board has remanded the Veteran's claims for cervical spine disease, lumbar disc disease, and bilateral lower extremity radiculopathy due to deficiencies in the VA examinations conducted. The Veteran is to be provided with new VA examinations to assess his conditions and determine their etiology.

The Veteran's petition to reopen claims for residuals of left wrist fracture, kidney disorder, bilateral eye disorder, and lung disorder have been granted. The petitions to reopen the remaining issues are pending.

The Board has remanded the case due to inadequate medical opinions regarding whether the Veteran's current cervical spine disability is related to service. The VA examiner failed to address the Veteran's reports of recurrent shoulder and neck pain during service and continuity of symptomatology thereafter.

The Veteran's appeals for earlier effective dates of service connection for cervical disc disease and tension headaches have been dismissed as he has withdrawn his appeals.

The Veteran's claims for service connection for left shoulder disorder, bilateral eye disorder, right ear hearing loss, vertigo, respiratory disorder (manifested by shortness of breath), and sleep disorder have all been denied. The Board found no current disability related to these conditions.,Service connection was not granted for a cervical spine disorder due to lack of evidence showing its onset during service or within one year thereafter.

The Veteran's service-connected cervical and lumbar spine disabilities prevented him from securing or following a substantially gainful occupation prior to August 24, 2015. The Board finds that the evidence is at least in equipoise as to whether he was unable to secure and follow such an occupation due to these conditions.

The Veteran's appeals for increased ratings for cervical spine disability, right knee disability, and right knee scar have been dismissed due to the death of the Veteran prior to a Board decision.

The Veteran's claim for service connection for sleep apnea has been reopened and granted. The claims for service connection for degenerative arthritis of the cervical spine, peripheral neuropathy of the left upper extremity, and peripheral neuropathy of the right upper extremity have been remanded due to insufficient evidence.

Your appeal was denied because your June 2018 Notice of Disagreement (NOD) was not timely filed with respect to the July 2014 rating decision, which denied your request to reopen claims for service connection for back, cervical spine, and migraine headache disabilities.

The Veteran's cervical and lumbar degenerative disc diseases have been granted initial ratings of 20 percent each, effective March 14, 2012. The conditions are rated based on their direct impact without any presumption or secondary service connection.

The Veteran's service connection claim for a cervical spine disorder is denied. For the initial rating period on appeal from June 24, 2010 until June 14, 2016, a higher initial disability rating of 30 percent for tension headaches is granted.

The Board denied service connection for a lumbar spine disability, cervical spine disability, and headaches. The Veteran's claims were not supported by the evidence of record.

The Veteran's initial rating for degenerative disc disease of the cervical spine was granted at a 20% level, but the Board found that prior to September 1, 2015, his disability warranted an increased rating to 30%. The decision also noted that there were no incapacitating episodes within the past year.

The Board denied the Veteran's claims for service connection for low back disability, cervical spine disability, radiculopathy of bilateral upper and lower extremities, and tinnitus. The reasons include that new and material evidence was not received to reopen the claim for low back disability, and there is no direct or secondary service connection based on the evidence provided.

The Board has granted the Veteran's claim for service connection for a cervical spine disability, finding that there is at least equipoise evidence to support the claim. The Veteran's in-service diving injury is linked to his current condition.

The Veteran's bilateral pes planus, hammertoes, and DJD are granted service connection. Service connection for cervical spine disability is also granted, but the rating assigned is only 20 percent, which may not be sufficient given his symptoms. The issue of higher ratings for thoracolumbar spine disability remains pending.

The Board has determined that a VA examination is necessary to determine the nature and etiology of the Veteran's cervical spine disability, which may be related to his service. The case is being remanded for this purpose.