Neck / cervical spine decisions — 2019

The Board has determined that the Veteran's cervical spine DDD and DJD are related to his period of service, granting his claim for service connection.

The Board has remanded the case for further development regarding service connection for lumbar disability due to a lack of in-service records and potential pre-existing condition. Service connection is granted for left knee condition and denied for cervical spine disability.

The Board has decided that the case must be remanded due to an inadequate addendum opinion regarding secondary service connection for cervical DDD. The examiner needs to provide a new opinion addressing whether it is at least as likely as not that the Veteran's cervical DDD is proximately due to or aggravated by his service-connected low back disability.

The Veteran's appeal is remanded for further development regarding service connection claims. The initial rating for neurogenic urinary frequency prior to April 11, 2019 was granted with a 40 percent disability rating. However, the claim for a higher rating for cervical spine degenerative arthritis, stenosis, and IVDS beginning on April 11, 2019 is remanded.

The Veteran's appeal is remanded due to the need for additional examinations and assessments of his service-connected conditions, particularly regarding functional loss during flare-ups.

The Veteran's claim for service connection for a pinched nerve of the upper left extremity, to include as due to a cervical spine disability and/or service-connected lumbar stenosis L3-4, L4-5, and L5-S1 with right and left lower extremity radiculitis/radiculopathy, status post decompression and fusion is remanded for further development.

The Veteran's claim for an earlier effective date for service connection of degenerative arthritis of the cervical spine with intervertebral disc syndrome was dismissed as his NOD challenging the denial of this condition was filed before the issuance of the rating decision.

The Veteran's cervical strain disability is not service connected as it did not occur during his active duty and was not caused or aggravated by a service-connected condition.,For the entire period on appeal, the Veteran's right knee injury manifested with limited motion but without ankylosis, recurrent subluxation, lateral instability, malunion or nonunion of the tibia and fibula, or genu recurvatum. Therefore, he is not entitled to a rating higher than 20 percent.

The Board has remanded the Veteran's claims of service connection for cervical spine disorder, lumbar spine disorder, right leg disorder, TBI, and migraine headaches due to a lack of in-service medical records. The Veteran is advised to seek service connection for his hernia separately.

The Veteran's service-connected disabilities have been shown to prevent him from securing and following substantially gainful employment, warranting a total disability rating based on individual unemployability.

The Board has reopened the Veteran's service connection claims for cervical spine disorder, thoracolumbar spine disorder, left ankle DJD, right ankle DJD, left knee DJD, right knee DJD, left shoulder DJD, and right shoulder DJD. The new evidence provided reasonable possibility of substantiating these claims.,The Board has also reopened the Veteran's service connection claim for muscle spasm disorder, IBS, and osteoporosis. However, no rating assigned or effective date was determined as these claims are still pending.

The Veteran's appeal regarding an upper back condition is dismissed. The Board has remanded the issues of service connection for TBI with intermittent headaches, lumbar and cervical spine disabilities, and a right foot disability.

Effective April 2, 2009, and no earlier, service connection is granted for radiculopathy of the right lower extremity. Effective April 2, 2009, and no earlier, service connection is granted for radiculopathy of the left lower extremity. Service connection is granted for a cervical spine disorder to include as secondary to the service-connected lumbar spine disability.

The Board has reopened the Veteran's claim of service connection for GERD and remanded the remaining issues due to insufficient evidence.

The Veteran's claim for service connection for a cervical spine disorder, including arthritis and associated headaches, has been reopened. Service connection is granted for this condition. The claim of service connection for a right shoulder disorder, including osteoarthritis and rotator cuff tear, is denied. The appeal as to the right ear disorder (ringing) is dismissed due to the RO's award of service connection.

The Veteran's disability ratings for chronic cervical strain and chronic lumbar strain have been denied. The Veteran has a 10% rating for his chronic cervical strain, but the higher rating is not granted due to lack of forward flexion or range of motion.

The Board has remanded the case due to an incomplete August 2009 VA examination, which did not provide results for range of motion testing during flare-ups or note whether the Veteran experienced additional functional loss. The case is now returned for further review.

The Board denied the Veteran's claims for service connection for cervical spinal cord injury with residual bilateral upper extremity paresis, left ankle condition, right ankle condition, right knee condition, and residuals of a head injury. The decision was based on the lack of current disability for these conditions.

The Board has decided to remand the Veteran's claims for service connection for vertigo and a neck condition due to the need for further examination and opinion regarding the nature and etiology of these conditions.

The Board has decided to remand the case due to insufficient medical opinion regarding the relationship between the Veteran's cervical strain and his service-connected lumbar spine condition, as well as the onset of any diagnosed arthritis within one year post-service.