Neck / cervical spine decisions — 2019

The Board has denied service connection for a nasal disorder, deviated septum. The Veteran's claims of service connection for degenerative disc disease of the cervical and lumbar spine, right leg disorder, bilateral hearing loss, sleep apnea, hypertension, diabetes mellitus type 2, and skin cancer are remanded due to incomplete records and need for additional medical opinions.

The Board has remanded the claims for service connection for lumbar and cervical spine disabilities due to outstanding private medical records and a need for additional VA examinations.

The Veteran's claim for a 10 percent rating for multiple noncompensable disabilities under 38 C.F.R. § 3.324 is granted, and his service-connected bilateral residuals of brachial plexus injury cause some interference with normal employment. The Board finds that the evidence shows that his cervical spine disability may be related to service, but a new medical opinion is needed for this claim.

The Board has determined that further development is necessary before the Veteran’s claims of service connection for neck disability, throat disability, gastrointestinal disorder (GERD), and skin condition can be properly adjudicated. The Veteran's current diagnoses include GERD, skin disorders, and a history of throat irritation. VA will conduct medical examinations to determine the etiology of these conditions and whether they are related to his in-service exposure to herbicide agents.

The Board has remanded the claims for increased initial ratings for cervical spine disability, right upper extremity radiculopathy, and left upper extremity radiculopathy due to outstanding VA treatment records and incomplete retrospective medical opinions.

The Veteran's service connection for IBS was granted with an effective date of June 18, 2014. An initial rating in excess of 50 percent for his acquired psychiatric disorder (PTSD) prior to December 2, 2014 and a rating in excess of 50 percent thereafter were granted. The Veteran's headaches received an initial 30 percent rating, with no more than this level. His skin disability was rated at the maximum allowable under VA guidelines. A reduction in his neck disability rating from 30% to 20% was found improper and void ab initio. An increased rating for right upper extremity radiculopathy was granted, as well as a compensable rating for a surgical neck scar.

The Board has reopened the claim and found new and material evidence to support a reopening of the previously denied claim for service connection for the Veteran’s cause of death. However, it was determined that there is no causal relationship between the Veteran's service-connected disabilities and his suicide.

The Board has remanded the case due to conflicting medical opinions regarding whether the Veteran's current cervical spine disability is related to her service. The Court found that clarification was needed on the examiner's opinion regarding the progression of the Veteran's cervical spine condition.

The Board has remanded the Veteran's claims for depression, cervical spine disability, lumbar spine disability, TDIU, and Dependents' Educational Assistance due to lack of VA examination and incomplete medical records.

The Board has determined that the Veteran's claims for service connection for a sleep disability and erectile dysfunction as secondary to his service-connected lumbar spine disability are remanded due to the need for additional examination and development of records.

The Veteran's service connection claims for hypertension, cervical spine disability, and gout are denied. The effective date of the grant of service connection for gout is also denied.,The Veteran's claim for a higher rating for residuals of prostate cancer is remanded due to lack of information regarding flare-ups that may indicate incapacitating exacerbations.,The Veteran's claim for a higher evaluation for gout is remanded as the examiner did not address the frequency and impact of his reported flare-ups.

The Veteran's claim for left clavicle fracture residuals and left shoulder acromioclavicular joint osteoarthritis was reopened, with the former granted based on aggravation of a pre-existing condition. The claim for DM was also reopened, but denied as there is no evidence linking it to service or service-connected conditions.

The Board has granted the Veteran's petition to reopen his claim for service connection of a neck disability, but has remanded the case due to additional development needed.

The Board denied service connection for various conditions, including arthritis (claimed as gout), muscle and joint pains, left shoulder disability, left elbow disability, left wrist disability, lumbar spine disability, neck disability, left knee disability, bilateral foot disability, bilateral eye disability, dizziness, headache disability, and tinnitus. The Veteran's claim was remanded for further action on some issues.

The Veteran's claim for service connection for an eye disorder has been denied. The Board found that the preponderance of evidence is against his claims, as there was no superimposed disease or injury causing additional disability.,The Veteran's claim for service connection for a cervical spine disorder has been remanded due to inadequate VA medical opinion and need for further examination.

The Veteran's cervical strain and traumatic brain injury have worsened, and the Board finds that updated VA examinations are necessary to determine their current severity. The TDIU claim is also remanded as it is intertwined with the other claims.

The Board has decided to remand the Veteran's claim for service connection of his lower back condition due to insufficient reasoning in the previous VA examination.

The Veteran's claim for service connection for left upper extremity radiculopathy was granted in May 2013 with an effective date of July 10, 2008. The Board found that the proper effective date is the date of receipt of claim or the date entitlement arose, whichever is later.

The Board has remanded the case due to insufficient consideration of the Veteran's lay statements regarding his neck injuries during service.

The Board denied earlier effective dates for service connection due to the Veteran's withdrawal of his claims and subsequent submission of new evidence.