Neck / cervical spine decisions — 2019

The Board has remanded the case to consider new evidence submitted by the Veteran, and to readjudicate all claims including this new evidence.

The Veteran's depressive disorder is granted as secondary to service-connected disabilities. The cervical spine disability is not rated higher than 20 percent, the left knee disability remains at 10 percent, and hypertension is also rated at 10 percent. GERD receives a 10 percent rating. TDIU is granted.

The Veteran's cervical spine disability is currently rated at 20 percent, effective September 15, 2017. The Board has ordered remand for further development and examination to determine the appropriate rating before September 15, 2017.

The Board has determined that the evidence is insufficient to establish service connection for a neck disability, and thus remands the issue for further development.

The appeal as to whether new and material evidence has been received to reopen a claim of entitlement to service connection for right hip disability is dismissed as moot.,The appeal as to whether new and material evidence has been received to reopen a claim of entitlement to service connection for bilateral flatfoot is dismissed as moot.,New and material evidence having been received, the claim for entitlement to service connection for left hip disability is reopened.

The Board has remanded the Veteran's claims for service connection for various disorders, including right knee disorder, back disorder, cervical spine disorder, and carpal tunnel syndrome, all of which are claimed as secondary to his service-connected fibromyalgia. The VA is directed to obtain additional medical opinions regarding these issues.

The Board has dismissed the claim for residuals, right leg surgery and denied the claim for non-service connected pension benefits. The remaining issues of service connection for thoracolumbar spine disability, cervical spine disability, sleep apnea syndrome, bilateral foot disability, and TDIU are remanded for further development.

The Board has granted service connection for low back and cervical back strain, insomnia and sleep apnea, but remanded the issue of service connection for migraine headaches.

The Board has determined that the Veteran's current cervical spine disability is directly related to his service, and therefore grants service connection for this condition.

The Veteran's cervical spine disability is being remanded for further examination and opinion regarding its onset in service, aggravation by a pre-existing condition (skin cancer), and whether it is related to service.

The Board has determined that a VA examination is needed to determine the nature and etiology of any cervical spine disability, including whether it is related to an in-service injury or disease, such as falls from trucks. The examiner must also consider the Veteran's lay statements regarding his neck injuries during service.

The Board has determined that there is no evidence to support the Veteran's claims for service connection of left ankle, low back, cervical spine, left hip, right hip, and chronic pain/fibromyalgia disorders. The preponderance of the evidence does not establish a nexus between these conditions and service or any service-connected condition.

The Board has granted service connection for obstructive sleep apnea as secondary to a service-connected disability, denied service connection for tinnitus and heart condition, and denied service connection for low back disability. The Veteran's claim for increased rating of cervical spine disability is denied, but the issue of entitlement to an initial compensable rating for right upper extremity radiculopathy from June 19, 2017, and left upper extremity radiculopathy remains pending.

The Veteran's claims for effective dates prior to August 10, 2016, for the grants of service connection and TDIU/DEA benefits are being remanded due to inextricably intertwined issues.

The Veteran's appeals for service connection for neck disability, left ear hearing loss, tinnitus, IBS (Irritable Bowel Syndrome), sinusitis, respiratory disability, and psychiatric disability, to include PTSD, have been dismissed. The VA has remanded the issues of service connection for sinusitis, respiratory disability, IBS, and PTSD.

The Veteran's appeals for increased ratings for pseudofolliculitis barbae, degenerative arthritis of the lumbar spine, cervical spine, left heel spur, and erectile dysfunction have been withdrawn. The Board has not found a compensable rating for pseudofolliculitis barbae.,The Veteran’s acquired psychiatric disorder (to include PTSD) is remanded for further examination and opinion. His right ankle tendonitis and bilateral knee disabilities are also remanded for additional examinations to determine the severity of his service-connected conditions.

The Veteran's claims for service connection have been reopened, and the appeal is granted in part. The extension of temporary total rating for left shoulder surgery beyond February 1, 2016 remains denied. The appeals for right shoulder, cervical spine, and lumbar spine disabilities are remanded.

The Board has decided to remand the Veteran's claims for service connection and nonservice-connected pension due to insufficient medical opinions regarding his cervical spine disability and the combined effect of multiple disabilities on his employability.

The appeal was dismissed because the appellant requested to withdraw his appeal.

The Board denied the petitions to reopen previously denied claims for service connection for lumbar and cervical spine disabilities, claiming as back pain. The appeal is remanded due to a lack of new and material evidence.