Neck / cervical spine decisions — 2019

The Veteran's appeals for service connection for hyperthyroidism and bilateral hearing loss have been dismissed.,The Veteran's appeals for service connection for residuals of laceration to the head, including cervical spine disability, vertigo, jaw disability and scarring; hypertension; right knee disability; erectile dysfunction (ED); and sleep disorder, including sleep apnea are being remanded.

The Board dismissed the Veteran's appeal for an increased evaluation in excess of 20 percent for his service-connected right rotator cuff tear. The issues regarding increased evaluations for his cervical spine disability and C7 radiculitis were denied.

The Board denied the Veteran's claim for special monthly compensation based on the need for regular aid and attendance of another person or being permanently housebound, finding that her service-connected disabilities do not result in the need for such assistance.

The Veteran is found to be in need of regular aid and attendance due to his service-connected disabilities, which include musculoskeletal and neurological conditions. The Board grants special monthly compensation based on the need for aid and attendance.

The Board denied the Veteran's claim for service connection of a cervical spine disorder, finding that there was no evidence of chronic cervical spine disorder during or within one year after service. The Board also found that the current cervical spine disorders are not related to in-service injuries.

The Veteran's cervical spine disability has not been manifested by forward flexion of the cervical spine functionally limited to 15 degrees or less, favorable ankylosis of the entire cervical spine, or incapacitating episodes of intervertebral disc syndrome having a total duration of at least 4 weeks but less than 6 weeks.,The Veteran's knee disabilities have not been evaluated based on specific service connection theory as they are rated under general rating criteria for musculoskeletal and respiratory systems.

The Board has remanded several issues including service connection for residuals of a head injury, an acquired psychiatric disorder, gastrointestinal disorder, and erectile dysfunction. The effective dates for the awards are not addressed.

The Board has remanded the Veteran's claims for service connection for a cervical spine disability, COPD, and PTSD with depressive disorder NOS due to lack of proper appeal action on these issues. The TDIU claim is also being remanded.

The Board denied service connection for a cervical spine disability, low back disability, and left upper extremity disability (claimed as cervical radiculopathy) due to lack of evidence linking these conditions to service.,The Board also denied an increased rating for diabetes mellitus type II with erectile dysfunction.

The Board has granted service connection for chronic myositis of the cervical and lumbar spine muscles, as well as degenerative joint disease of multiple joints including shoulders, elbows, wrists, hips, knees, ankles, and feet. These conditions are considered to be directly related to the Veteran's active service.

The Veteran withdrew all issues on appeal, resulting in the dismissal of the case.

The Board has remanded the Veteran's appeals for several issues, including service connection claims and increased rating claims. The appeals are being placed in RAMP (Rapid Appeals Modernization Program) due to receipt of a valid Opt-In notice.

The Veteran's appeal includes multiple issues related to his service-connected conditions, including increased ratings for lumbar and cervical spine disabilities, TBI, and peripheral neuropathy. The Board has determined that additional examinations are needed due to the possibility of worsening symptoms since the last VA examination.

The Veteran's request to reopen the claim of service connection for a back disability is granted.,The Veteran's requests to reopen the claims of service connection for residuals of a bilateral super rectus fader operation, schizophrenia, depression, and anxiety are granted.,Service connection for bipolar disorder is granted.,An earlier effective date of December 5, 2005, but not earlier, for the award of service connection for a left ankle sprain is granted.,An earlier effective date of December 5, 2005, but not earlier, for the award of service connection for a right ankle sprain is granted.,An earlier effective date of February 22, 2012, but not earlier, for the award of an increased rating to 10 percent for status post left wrist trauma with arthroscopy with triangular fibrocartilage complex is granted.,An effective date earlier than August 30, 2012, for the award of an increased rating of 10 percent for the right wrist sprain is denied.,An effective date earlier than August 30, 2012, for the grant of service connection for hypertension is denied.,An effective date earlier than August 30, 2012, for the grant of service connection for status post left foot trauma is denied.,An effective date earlier than August 30, 2012, for the grant of service connection for status post left knee ACL repair and medial meniscectomy with residual degenerative arthritis is denied.,An effective date earlier than August 30, 2012, for the grant of service connection for right knee degenerative joint disease is denied.,An effective date earlier than August 30, 2012, for the grant of service connection for chronic cervical strain is denied.

The Veteran's PTSD is granted with a 100% rating, effective November 19, 2015. The remaining claims are remanded for further development.

The Veteran's appeals seeking higher ratings for his lumbar spine, cervical spine, left shoulder, and bilateral hearing loss disabilities, as well as entitlement to a total disability rating based on individual unemployability (TDIU), have been dismissed due to the Veteran's withdrawal of these appeals.

The Veteran's right ear hearing loss claim is denied as she does not have a current disability.,The Veteran’s breast cancer with lumpectomy, including as due to exposure to hazardous materials, and her psychiatric disorder including PTSD (due to military sexual trauma and/or as secondary to breast cancer) claims are remanded for further development.,The Veteran's GERD claim is remanded in conjunction with the breast cancer claim.,The Veteran’s left knee, right knee, left shoulder, right shoulder, cervical spine, thoracolumbar spine, left upper extremity condition (secondary to cervical spine condition), and right upper extremity condition (secondary to cervical spine condition) claims are remanded for further development.,The Veteran's left lower extremity and right lower extremity conditions are also remanded in conjunction with the breast cancer claim.

The Board has determined that the Veteran's cervical spine disorder, diagnosed as cervical joint and disc disease, is related to his military service. The claim for service connection is granted.

The Board has granted service connection for cervical spine and right shoulder conditions, finding that the Veteran's symptoms began during his military service.

The Board has remanded the Veteran's claims for cervical disc disease as secondary to hallux rigidus and TDIU due to service-connected disabilities. The case will be returned for further development, including an addendum VA examination regarding the relationship between the conditions and a VA examination assessing the impact of his combined disabilities on employment.