Neck / cervical spine decisions — 2019

The Veteran's claims for service connection for a cervical spine disorder, bilateral upper extremity neuropathy, and an acquired psychiatric disorder have been denied. The Board found no new evidence that would reopen the claim for cervical spine disorder, and there is insufficient evidence to establish service connection for the other conditions.

The Board has remanded the issues of entitlement to a compensable rating for post traumatic headaches, an initial rating in excess of 30 percent for bilateral hand tremors, and entitlement to TDIU due to incomplete development.

The Board denied the Veteran's claim for service connection of a cervical spine disability, finding that there was no evidence linking his current condition to service or his service-connected low back disability.

The Board has denied service connection for cervical and thoracolumbar spine disorders, finding that the Veteran's current conditions did not have their onset during or within one year of separation from service, or are otherwise attributable to his active service.

The Board has determined that the Veteran's claims of service connection for cervical, thoracic, and lumbar spine disabilities, as well as left knee disability are remanded due to new evidence indicating different diagnoses or potential etiologies. The TDIU claim is also being remanded in conjunction with these issues.

The Board has remanded the Veteran's claims of service connection for her cervical spine, lumbar spine, left hip, and left knee disabilities as well as her respiratory disorder due to insufficient evidence.

The Veteran's claim for a rating of 70 percent or higher for PTSD has been granted. The other claims have been remanded.

The appeal to reopen the claim of service connection for a neck disability is allowed.,The application to reopen the claim of entitlement to service connection for a right knee disability is denied.,The application to reopen the claim of entitlement to service connection for a right ankle disability is denied.,The application to reopen the claim of entitlement to service connection for a scar of the left eye is denied.,The application to reopen the claim of entitlement to service connection for a right eye disability, to include insignificant retinal pigment deposits and myopic astigmatism in the right eye (also claimed as benign neoplasm of chorial nevus) is denied.,As new and material evidence has been received to reopen the claim of service connection for a left eye disability, other than a scar of the left eye and to include insignificant retinal pigment deposits and myopic astigmatism in the left eye (also claimed as benign neoplasm of chorial nevus), the appeal to this extent is allowed.,The application to reopen the claim of entitlement to service connection for hemorrhoids is denied.,The application to reopen the claim of entitlement to service connection for a left elbow disability, also claimed as nerve damage, is denied.,Entitlement to service connection for an acquired psychiatric disorder (PTSD), to include alcohol abuse, anxiety condition, drug abuse, memory loss, mental disorder, and major depression, is denied.

The Veteran's initial ratings for her back, neck, left knee, and right knee disabilities have been denied by the Board of Veterans' Appeals. The appeals were remanded multiple times but are now being reviewed again.

The Veteran's shin splints are not currently diagnosed and were not present during service.,The Veteran's lumbar spine condition is not related to service, as there is no evidence of a current diagnosis or connection to an in-service injury or disease.,The Veteran's cervical spine condition was not present during service and has no relation to any in-service injury or disease.,The Veteran's bilateral knee condition did not develop during service and is not linked to any in-service injury or disease.

The Board has granted the Veteran's claims for service connection for left knee disability, right knee disability, lumbar spine disability, cervical spine disability, and right foot disability.

The Board has remanded the Veteran's claims for service connection for low back and cervical spine disabilities due to inadequate medical opinions and missing VA records. The Veteran will be provided a new VA opinion to determine if his current conditions are related to service.

The Veteran's claims for increased ratings for cervical spine DJD and DDD, lumbosacral strain with DJD and DDD, left ankle sprain with ruptured Achilles tendon, allergic rhinitis, right lower extremity varicose veins, left lower extremity varicose veins, left upper extremity radiculopathy (likely Cervical Spine), right upper extremity radiculopathy (likely Cervical Spine), and left lower extremity radiculopathy (likely Cervical Spine) have all been denied. The Veteran's PTSD claim has also been denied.

The Veteran's claim for a higher rating for his service-connected cervical spine disability is denied as the evidence does not support a finding of functional loss or ankylosis that would warrant a rating in excess of 20 percent.

The Board has granted service connection for obstructive sleep apnea but has remanded the issue of a rating in excess of 10 percent for degenerative disease, cervical spine.

The appeal for service connection for loss of vision is dismissed.,Service connection for diabetes mellitus is denied.,The Veteran's claim for a back condition involving the lumbar or cervical spine is remanded.,The rating for bilateral hearing loss disability, sinusitis, and hypertension are remanded.

The Board denied ratings higher than 20 percent for cervical strain and right carpal tunnel syndrome on an extraschedular basis, finding that the Veteran's symptoms were adequately addressed by the applicable diagnostic codes and did not show exceptional or unusual disability picture with related factors such as marked interference with employment or frequent periods of hospitalization.

The Veteran's claim for service connection for a cervical spine disorder was denied in the August 2012 rating decision, and it is now final. New evidence submitted since then does not meet the criteria to reopen the claim.

The Veteran's chronic sinusitis was granted service connection. The remaining issues were remanded for further development.

The Board has decided to remand the claims for cervical spine degenerative joint disease, lumbar spine degenerative joint disease, and obstructive sleep apnea due to additional relevant evidence being added to the record.