Neck / cervical spine decisions — 2019

The Veteran's cervical and thoracolumbar spine conditions have not been properly evaluated due to a lack of recent medical examination, and the issue of entitlement to TDIU is inextricably intertwined with his increased rating claims.

The Board has remanded the case due to insufficient medical evidence to determine if the Veteran's current neck condition is related to his service or a service-connected low back condition. The Veteran needs an opinion from a medical examiner regarding whether the head injury in 1978 and/or the lumbar injuries caused or aggravated the cervical spine degeneration.

The Veteran's claim for chronic fatigue syndrome and headaches related to Gulf War Syndrome is being remanded due to the need for further examination.,The Veteran's cervical and thoracic spine condition is granted as secondary to his service-connected shoulder disability.

The Veteran's claim for right upper extremity carpal tunnel syndrome and cervical spondylotic myelopathy was denied in a February 2014 rating decision. The Board found that the evidence did not show his CTS was related to his service-connected right shoulder disability or that the disability was incurred during service. The Veteran's claim for an earlier effective date is denied as there was no prior claim of service connection for his right upper extremity CTS.

The Veteran's claim for service connection for schizotypal personality disorder was granted. The claims for back disability, bilateral hearing loss, tinnitus, heat exhaustion, and an acquired psychiatric disorder (PTSD) were all denied.,Service connection for the back disability, to include lumbar strain and mild multilevel cervical spondylosis, is not established as it did not have its onset in service or otherwise relate to service.

The Board denied the Veteran's claims for service connection for cervical and lumbar spine disorders due to lack of evidence linking these conditions to service, including a March 1983 accident. The separation examination was silent for any spine disorder, and there is no evidence of continuity of symptoms since service.

The Board has reopened the Veteran's claims for service connection for bilateral hand disorder, cervical spine disorder, and bilateral knee disorder due to new and material evidence. However, further development is needed as VA examinations are required to address the merits of these claims.

The Veteran's claims for service connection for a back disability, hammer toes, obstructive sleep apnea, neck disability, left hip disability, right hip disability, and tinnitus have been granted. The rating for GERD has also been reduced from 30% to 10%. New evidence was submitted that supports the reopening of these claims.

The Board has remanded the claims for service connection for various conditions, including cervical spine/neck disability, loss of leg control, acquired psychiatric disorder, and other disabilities secondary to hydrocephalus with shunt. The Veteran's personnel records will be obtained to determine if there were any in-service events that could have aggravated his pre-existing hydrocephalus.

The Board has restored the original disability ratings of 20 percent for both the thoracolumbar degenerative joint disease and strain (back disability) and cervical strain, effective from March 24, 2014.

The Veteran's claim for service connection for a neck disability, including as secondary to his service-connected back disability, is denied.,The Veteran's claims for increased ratings for his low back disability and radiculopathy are also denied.

The Board has remanded the claims for service connection due to inadequate examinations and opinions. The Veteran's disabilities of the feet, knees, and neck are being reviewed again with new VA examinations.

The Board has remanded the case due to insufficient medical opinions regarding the etiology of the Veteran's spine disorders, including scoliosis and degenerative changes in the cervical spine. The examiner is requested to differentiate between congenital defects and diseases, determine if the conditions clearly and unmistakably preexisted service, and assess whether they are related to service.

The Board has remanded the claims for service connection for low back pain, cervical sprain strain, and syncope due to Gulf War exposures. The Veteran's statements regarding in-service injuries are considered, but further medical guidance is needed to address the etiology of his claimed disabilities.

The Board denied service connection for various conditions, including neck disability, GERD, erectile dysfunction, diabetes mellitus, and peripheral neuropathy of the upper and lower extremities. The claims were remanded for further action on some issues.

The Board has determined that the Veteran's current cervical spine and thoracolumbar spine disabilities are related to his military service, granting service connection for these conditions.

The Veteran's cervical spine DDD, bilateral cervical myelopathy, right upper extremity radiculopathy, inflammatory arthritis, fibromyalgia, and allergic rhinitis are all granted service connection. The issue of service connection for a heart disability is remanded.

The Board has remanded the case due to the inextricably intertwined issues of service connection and whether the Appellant has status as a veteran for VA purposes. The AOJ is instructed to request specific details from the Appellant regarding his claimed disabilities and their potential relationship to his military service, including which periods of ACDUTRA or INACDUTRA he believes are relevant.

The Veteran's claim for an evaluation in excess of 20 percent for residuals of lumbar strain from March 2, 2010 to May 18, 2018 is denied.,The Veteran's claim for an evaluation in excess of 40 percent for residuals of lumbar strain from May 18, 2018 is denied.,The Veteran's claim for an evaluation in excess of 20 percent for residuals of cervical strain from March 2, 2010 is remanded.

The claim has been reopened, but the service connection for residuals of a cervical hyperextension injury with cord compression is still being reviewed due to insufficient evidence.