Neck / cervical spine decisions — 2019

The Veteran's appeal of claims for service connection for mild superimposed degenerative joint disease at the fact joints, herniated disc, lumbar laminectomy (claimed as lumbar condition due to surgery L4-S1), and a migraine condition is dismissed. The claims for entitlement to service connection for depressive disorder, schizophrenia, and a nervous condition are reopened.

The Veteran's combined rating for service-connected disabilities reached 100% effective July 31, 2012. The Board found that he was not entitled to a TDIU on an extraschedular basis prior to April 3, 2009.,From April 3, 2009, the Veteran met the percentage requirements for a schedular TDIU but his application indicated he was enrolled in college courses and pursuing environmental technology.

The Veteran's service connection claims for a lumbar spine disability, cervical spine degenerative disc disease, and right carpal tunnel syndrome have been granted.,Service connection has also been established for sleep apnea as secondary to depression, and high blood pressure is considered not related to service. Service connection for depression was found to be proximately due to service-connected wrist and shoulder disabilities.,The Veteran's claim for an increased rating for impingement syndrome with degenerative changes and rotator cuff tears in the right shoulder, left shoulder tendonitis and degenerative joint disease at the AC joint, residuals of fracture left distal radius with ankylosis, carpal tunnel syndrome in the left upper extremity, and total disability rating based on individual unemployability due to service-connected disabilities (TDIU) are all remanded.

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's cervical spine disability, including a lack of VA medical opinion and rationale for the private medical statement.

The claim for compensation pursuant to 38 U.S.C.§ 1151 for breathing problems was reopened and granted.,The claim for compensation pursuant to 38 U.S.C.§ 1151 for residuals of cervical spine surgery was denied.

The Board has decided to remand several service connection claims due to inadequate notice and the need for additional medical examinations.

The Board has denied the Veteran's claims for service connection for cervical spine disorder, lumbar spine disorder, left hip disorder, and right hip disorder. The claim for sleep apnea was granted but secondary to service-connected disabilities.

The Veteran's claims for increased ratings for cervical and lumbar spine disabilities are remanded due to the need for a new VA examination.

The Board has decided to remand the case for a VA examination to determine if the Veteran's current neck and shoulder conditions, migraines, and blackouts are related to an in-service event (hatch falling on his head).

The Veteran's initial rating for migraine headaches was granted at a 30 percent level, effective from September 2, 2004. The other issues were remanded.

The Board denied service connection for cervical and thoracic spine disabilities due to the lack of evidence showing a current disability related to active service.

The Board has determined that further development is needed for the Veteran's claims of increased rating for a cervical spine disability, service connection for peripheral neuropathy of the lower extremities as secondary to a cervical spine disability, and service connection for chest pain as secondary to a cervical spine disability. The case will be remanded for additional examinations and opinions.

The Veteran's appeals for increased ratings have been denied. The Board found that the evidence did not support a compensable rating for postoperative scars of the left shoulder, and denied an initial rating in excess of 10 percent for status post Bankart repair of the left shoulder. The Veteran's depression was granted at 100% effective April 19, 2007, but his other appeals were denied.

The Board has remanded the Veteran's claims for cervical and lumbar spine disorders, left and right knee disorders, and a skin disorder of the right hand due to incomplete STRs and insufficient medical opinions. Additional records are needed, and an examination is required to determine if these conditions are related to service.

The Board denied the Veteran's claims for increased ratings on an extraschedular basis for his service-connected cervical and lumbar spine disabilities, finding that the symptoms are adequately addressed by the current rating schedule.

The Board has remanded the Veteran's claims for additional development to obtain updated VA treatment records and new examinations. The issues include service connection for various disabilities, including left shoulder, cervical spine, inflammatory spondyloarthropathy (claimed as pain from skull to pelvis), bilateral hip, left knee, right knee, bilateral foot condition, obstructive sleep apnea, and hemorrhoids.

The Veteran's increased ratings for cervical spine desiccation with degenerative disc disease and arthritis, left cubital tunnel syndrome, and right cubital tunnel syndrome have been denied.,Earlier effective date claims for the increased ratings of cervical spine desiccation with degenerative disc disease and arthritis, left cubital tunnel syndrome, and right cubital tunnel syndrome have also been denied.

The Veteran's claims for right lateral epicondylitis, bilateral hearing loss, status post lipoma resection, upper thoracic spine scar, headaches (claimed as secondary to service-connected status post lipoma resection), sleep apnea, bilateral plantar fasciitis, calcaneal spur, and a cervical strain are being remanded for further development.

The Board has determined that the Veteran does not have a current disability diagnosed as progressive arthritis. The appeal is being remanded for further development and consideration of other issues.

The Board has determined that the Veteran's asthma, hearing loss, thoracolumbar spine disability, cervical spine disability, left arm numbness, and headaches do not meet the criteria for service connection. The claims are being remanded to allow for further development.