Neck / cervical spine decisions — 2019

The Veteran's claims for service connection are granted, and the Board finds new and material evidence to reopen these claims. The remaining issues of back disability, neck disability, ED, residuals of groin injury, and headaches are remanded for further development.

The Board has granted service connection for headaches, to include as secondary to a cervical spine/upper back disability on a substitution basis. Service connection was denied for the cervical spine/upper back disability.

The Board has remanded the Veteran's claims for additional development due to inadequate May 2017 VA examinations concerning his cervical spine and right shoulder disabilities. The AOJ is required to procure new examination reports in which an examiner opines about the extent of functional limitations during flare-ups.

The Board has found that additional development is necessary to comply with VA's duty to assist before a final adjudication of the Veteran's claims can be accomplished. The Veteran’s service treatment records show treatment and diagnoses for some of the claimed conditions, but there are gaps in her medical history since she left active military service.

The Board has remanded the Veteran's claims for service connection due to inadequate VA examinations and new evidence. The Veteran is seeking service connection for left elbow strain, right arm/elbow disability, and cervical radiculopathy.

The Veteran's claim for an effective date prior to July 18, 2013 for tinnitus was denied as there were no earlier claims filed.,Claims for cervical spine disability, lumbar spine disability, and left upper extremity radiculopathy were dismissed due to lack of appeal within one year of the assigned effective dates.,The Veteran's claim for an effective date prior to May 7, 2012 for bilateral knee osteoarthritis was also dismissed as there were no earlier claims filed.,Claims for service connection for a bilateral hearing loss disability, acquired psychiatric disorder (PTSD), pseudofolliculitis barbae, left shoulder disability, and left arm disability are remanded due to the need for additional evidence.,The Veteran's claim for an increased rating for lumbar spine disability is remanded as there may be outstanding VA treatment records that have not been associated with his claims file.,The Veteran's claim for an increased rating for cervical spine disability is also remanded, and a psychiatric examination is needed to determine the relationship between current psychiatric disorders and service.

The Veteran's service connection claims for cervical spine disorder, thoracolumbar spine disorder, and acquired psychiatric disorder are being remanded due to the need for additional medical opinions. Service connection for basil cell carcinoma is stayed.

The Board has remanded the Veteran's claims for service connection for a skin condition and cervical spine disability due to inadequate compliance with prior remand instructions. The Veteran is presumed to have developed these conditions during his service in the Persian Gulf War.

The Board found that the Veteran's diagnosed disabilities, including multiple myeloma and diabetes mellitus type II, are not related to an undiagnosed illness or a Gulf War syndrome. The VA examiner concluded that these conditions have known etiologies unrelated to service.

The Board denied the claims for service connection for Crohn's disease, ankylosing spondylosis of the cervical spine, and ankylosing spondylosis of the thoracolumbar spine, finding that there was no evidence to support a nexus between these conditions and military service.

The Veteran's left ankle disability is related to active service and service connection for this condition has been granted. The cervical spine and bilateral foot disabilities are remanded for further examination and opinion.

The Board has remanded the Veteran's claims for service connection for bilateral knee condition and cervical spine condition due to unclear etiology of his symptoms, which may be related to his service-connected fibromyalgia.

The Veteran's claim for service connection for headaches has been reopened, and the Board finds new and material evidence. The case is remanded to obtain a VA examination to determine if his current headache condition is related to service-connected disabilities. Other claims are also remanded for increased ratings and TDIU determination.

The Veteran's PTSD has resulted in occupational and social impairment with deficiencies in most areas, warranting a rating of 70 percent.,PTSD is rated at 50 percent under the General Rating Formula for Mental Disorders.

The Veteran's service-connected disabilities, including a lumbosacral spine disability and right knee internal derangement, have rendered him unable to secure or follow substantially gainful employment prior to April 19, 2018.,The Board has determined that the issue of entitlement to a disability rating greater than 40 percent for a lumbosacral spine disability is being remanded due to insufficient medical nexus opinions regarding its etiology.

The Veteran's service-connected disabilities do not meet the threshold requirements for a total disability rating based on individual unemployability from April 7, 2010 to July 22, 2016. The Board found that the Veteran is unable to secure or follow substantially gainful employment due to his service-connected disabilities.

The Veteran's claims for service connection for various conditions have been granted, including right and left ear hearing loss, tinnitus, a psychiatric disorder (PTSD, panic disorder, depressive disorder), lumbar spine disorder, cervical spine disorder, headache disorder, right foot plantar fasciitis, and left foot plantar fasciitis. The Veteran's claims for service connection for left eye pterygium have been denied due to lack of new and material evidence.

The Board has remanded the case due to unclear diagnoses and lack of opinions regarding the etiology of the Veteran's left upper extremity nerve condition, including carpal tunnel syndrome and peripheral neuropathy.

The Board has dismissed the Veteran's appeals for cervical spine disability and neurological disabilities of the right and left upper extremities. The Board granted service connection for a lumbar spine disability, to include degenerative disc disease (DDD), on an aggravation basis. Service connection was also granted for radiculopathy of the right and left lower extremities secondary to the Veteran's service-connected DDD.

The Veteran's appeal for a compensable rating for bilateral hearing loss has been dismissed.,New and material evidence has been received to reopen claims of service connection for cervical disc disorder, back disability, left knee disorder, and right knee disorder. These issues are remanded for further development.