Neck / cervical spine decisions — 2019

The rating of 20 percent for cervical spine degenerative disease with intervertebral disc syndrome was restored from October 8, 2013.

The Board has remanded the Veteran's claims for cervical spine disability, degenerative disc disease L5-S1 with lumbar strain, left and right lower extremity radiculopathy, and TDIU due to service-connected disabilities. The issues include determining whether the cervical spine disability is caused or aggravated by her service-connected back disability, obtaining additional VA treatment records, and scheduling a new VA examination for the Veteran's back disability.

The Veteran's neck disability is rated at 10 percent, but the Board finds that it does not meet the criteria for a higher rating. The Veteran also has other service-connected disabilities and her combined rating is less than 60%, so she cannot be granted a TDIU based on these conditions alone.

The Veteran's cervical spine disability is currently rated at 30 percent, effective March 17, 2015. The Board finds the evidence insufficient to evaluate his condition prior to that date and remands for further examination.

The Veteran's appeal for service connection for depression, fatigue and lethargy is remanded due to the need for a comprehensive nerve evaluation.,The Veteran's appeals for increased ratings of radiculopathy in both upper and lower extremities are also remanded as current evidence does not provide a clear picture of their severity.

Service connection for major depressive disorder, headaches aggravated by tinnitus, and cervical spine disorder is granted. A 70% disability rating is assigned effective July 1, 2018.

The Board has remanded the claims for a neck disability and headaches due to insufficient medical opinions. The issues of TDIU prior to December 7, 2015 and an effective date for DEA are also being remanded as they may be impacted by the resolution of these service connection claims.

The Veteran's claims of service connection for obstructive sleep apnea and increased ratings for thoracic spine and cervical spine disabilities are remanded due to inadequate development. The VA examinations did not include passive range of motion testing, functional loss assessment during flare-ups or repeated use, and the Reserve personnel and medical records need to be obtained.

The Board has remanded the Veteran's claims for lumbar spine disorder, left wrist disorders, cervical spine disorder, right and left lower extremity peripheral neuropathy due to insufficient development of the record. The issues are being returned for further examination and medical opinions.

The Veteran's claims for increased ratings were denied. The lumbar spine disability was not rated higher than 20%, the cervical spine disability prior to May 20, 2010 and since May 20, 2010 were both denied as not meeting criteria for a higher rating, and the radiculopathy of the right lower extremity was denied as not meeting criteria for a higher rating.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claim for service connection of a cervical spine disability, including considering his in-service accident and subsequent treatment.

The Veteran's sleep apnea, cervical spondylosis C5-C6 and C6-C7, eczema, hearing loss, low back degenerative disc disease, PTSD, right elbow lateral epicondylitis, right shoulder rotator cuff pathology, and tinnitus are all granted service connection.,Effective dates for the above conditions have been set at December 16, 2009.

The Board has determined that the March 2017 decision denying service connection for a heart disorder, a compensable rating for hemorrhoids, and determining there was no CUE in a May 1993 rating decision is vacated due to procedural errors. The appeal of whether CUE occurred in the May 1993 rating decision is deemed abandoned by the Court. The March 2017 Board decision is hereby vacated as to the CUE issue due to the due process violation. The claims for service connection for a heart disorder, an initial compensable rating for cervical spine disability prior to September 6, 2006, and a compensable rating for hemorrhoids are remanded.

The Board has denied all service connection claims, finding no evidence of a nexus between the claimed conditions and active service.

The Board denied service connection for lumbar spine strain, cervical spine strain, and right shoulder rotator cuff disability as there was no evidence of a current disability or a link to service.

The Board denied the Veteran's claims for service connection for neck, right knee, left knee, and right ankle disabilities. The claim for service connection for a low back disability is remanded.,The Veteran's claim for an initial compensable rating for right trapezius muscle strain prior to April 21, 2017, and in excess of 20 percent thereafter is also remanded. Her claim for an initial disability rating in excess of 10 percent for right hip acetabulum labrum tear is also remanded.

The Board has decided to remand the Veteran's claim for a cervical spine disability due to insufficient evidence regarding its relationship to service. The case will be returned for further development, including obtaining additional medical records and scheduling a VA examination.

The Board has remanded the case due to an incomplete factual basis without consideration of the Veteran's lay statements and provides insufficient evidence for a decision on service connection.

The Veteran's claims of service connection for cervical and lumbosacral spine disorders were denied. The cervical spine disorder claim was reopened due to new evidence, but the lumbosacral spine disorder claim remains closed.

The appeal is dismissed with respect to the issues of entitlement to service connection for sleep apnea, dental disability (claimed as cavities), cervical spine disability, skin disability (claimed as herpes), irritable colon syndrome, and right foot sprain with residuals. Service connection for a left hand disability is denied. Service connection for groin disability is denied. Service connection for Vitamin D deficiency is denied. Service connection for mouth disability is denied.