Neck / cervical spine decisions — 2019

The Veteran's service-connected disabilities are of such severity to preclude him from securing and following substantially gainful employment consistent with his education and experience as of May 23, 2017.

The Veteran's claim for service connection for a lumbar spine disorder has been reopened, and the Board is remanding this issue for further development.,Service connection was denied for fibromyalgia, OSA, cervical spine disorder, left elbow disorder, right elbow disorder, left knee disorder, and right knee disorder due to lack of evidence linking these conditions to service.

The Board has granted service connection for cyclic neutropenia and degenerative disc disease of the cervical spine, finding that new evidence supports reopening these claims. The Veteran's current diagnoses are considered disabilities for purposes of service connection.

The Board has remanded the Veteran's claims for kidney cancer and cervical dystonia due to herbicide exposure, as there is insufficient information to verify his claimed exposure. The case will be sent back for further development including obtaining updated medical records and a VA examination.

The Veteran's service-connected disabilities have been shown to preclude substantially gainful employment, and a TDIU on an extraschedular basis is granted.

The Veteran's surviving spouse is being asked to provide medical opinions regarding the etiology of various conditions, including bilateral hearing loss, tinnitus, diabetes, diabetic peripheral neuropathy, prostate disorder, erectile dysfunction, cervical spine disorder, lumbar spine disorder, and others. The claims for service connection are remanded due to insufficient evidence.

The Veteran's service-connected lumbar, cervical spine, and left shoulder strains are being remanded for additional examinations to assess their current severity.

The Veteran's claims for service connection and increased ratings have been denied. The Board found no evidence to support the Veteran's assertions of a nexus between his claimed conditions and his military service.

The Veteran's claims for service connection for degenerative arthritis of the cervical spine and chronic strain of the left ankle are being remanded due to insufficient opinions regarding causation and aggravation.

Service connection is granted for neck disability and headaches. The Veteran's low back disability remains rated at 20 percent, but the issue of TDIU is remanded.

The Veteran's income exceeds the maximum annual pension rate for nonservice-connected pension, so his claim is denied.

The Board has remanded the issues of service connection for a back disability, neck disability, bilateral hearing loss, and an acquired psychiatric disorder due to inextricably intertwined issues with TDIU. The Veteran's income was found not to exceed maximum annual pension rates, allowing him to receive NSC pension.

The Veteran's request to reopen claims for service connection for a seizure disorder, back disorder, and neck disorder is granted. The claim for service connection for the seizure disorder is reopened due to new evidence provided by a private provider. The claims for service connection for the back disorder and neck disorder remain denied as no new and material evidence has been submitted.

The Board has denied the Veteran's claims for service connection for fibromyalgia and irritable bowel syndrome, finding no current diagnoses of these conditions. The claim to reopen a previously denied cervical spine disorder is remanded due to new evidence showing degenerative arthritis.

The Board has determined that additional development is necessary to properly adjudicate the Veteran's claims for service connection and increased rating, including obtaining missing service treatment records and conducting appropriate VA examinations.

The Veteran's claims for service connection for various conditions have been denied. The Board found no evidence of chronic disabilities in service or post-service, and the Veteran did not provide credible evidence to support his assertions.

The Veteran's appeals for higher ratings and service connection have been withdrawn. The Board has remanded several issues including bilateral tinnitus, left hand disability, cervical spine disability, left ankle disability, residuals of latent TB, and an acquired psychiatric disability.

The Board has determined that additional development is needed for the Veteran's claims of service connection for left foot neuropathy, right foot neuropathy, a back disability, and a neck disability. The Veteran will be provided with VA examinations to determine if his current conditions are related to his active duty service.

The Veteran's death was not caused by any service-connected disability, and the Veteran did not meet the criteria for DIC benefits under 38 U.S.C. § 1318.

The Veteran's service-connected PTSD, pharyngitis with cervical lymphadenopathy, and ankylostomiasis do not render him in need of regular aid and attendance or at the housebound rate due to his non-service-connected physical disabilities. The Board denied entitlement to SMC based on the need for regular aid and attendance or at the housebound rate.