Neck / cervical spine decisions — 2019

The Board denied the Veteran's claims for service connection for various conditions, including cervical spine disability, left upper extremity radiculopathy, obstructive sleep apnea, memory loss claimed as secondary to TBI, and an acquired psychiatric disorder other than PTSD. The appeals were remanded for further action on some issues.

The Veteran's service-connected disabilities render him unable to secure and follow substantially gainful employment beginning September 29, 2008.,The Board has remanded the issues of service connection for peripheral neuropathy of the upper extremities, an initial evaluation in excess of 10 percent for cervical spine disability, a compensable evaluation for left shoulder impingement syndrome and degenerative arthritis, and a compensable evaluation for intermittent facial numbness of the left side of the face.

The Board has granted the Veteran's claim for service connection for headaches, finding that they are a neurological effect of his service-connected cervical segmental joint dysfunction.

The Board has remanded several issues including service connection for various conditions, a rating higher than 20 percent for degenerative joint and disc disease of the lumbar spine, and a rating higher than 10 percent for left lower extremity radiculopathy. The Veteran's claims for increased ratings and service connection are also being remanded.

The Board has remanded the Veteran's claims for cervical disability, acquired psychiatric disorder, and basal cell carcinoma as a result of exposure to herbicides due to insufficient evidence in the record. The claims will be reviewed again with new examinations and opinions.

The Board has denied the Veteran's claims for service connection for degenerative arthritis of the cervical spine and stenosis of the cervical spine, finding that there is no evidence to support a nexus between these conditions and his military service.

The Board has remanded the Veteran's claims for increased ratings due to failure to appear at VA examinations. The examinations will be rescheduled using alternate means, including home visits or fee-based providers.

The Board has determined that additional evidence is needed to properly adjudicate the Veteran's claims, including obtaining private and VA treatment records from his primary care provider and conducting further examinations.

The Board has decided to remand the cases for further development due to inconsistencies in service dates and unobtained private treatment records. VA examinations are also needed to determine if the Veteran's current neck, right knee, and left toe disabilities are related to his military service.

The Board has granted service connection for a cervical spine disorder, lumbar spine disability, and bilateral foot disability. The issue of assigning initial ratings for the now service-connected lumbar spine disability and bilateral foot disability, as well as adjudicating the entitlement to a Total Disability Rating Based on Individual Unemployability (TDIU) prior to March 4, 2016, is REMANDED.

The Board dismissed the appeals for service connection on multiple joint pain, cervical spondylosis, lumbar stenosis, ALS, and PTSD due to the Veteran's death.

The Board has remanded the Veteran's claims for increased evaluations of his lumbar strain and cervical curvature with degenerative disc disease due to incomplete medical records and the need for a new VA examination.

The Board has granted service connection for lumbosacral degenerative disc disease with radiculopathy, cervical degenerative disc disease with radiculopathy, and gastroesophageal reflux disease (GERD). Prior to July 18, 2014, the Veteran's PTSD was rated as 70 percent disabling.

The Board has determined that an earlier effective date of June 12, 2009 for service connection of a neck disability is granted. The Veteran's claim was denied in August 2009 due to lack of new and material evidence. However, the August 2009 decision never became final as new and material evidence was submitted on the same day. Therefore, an effective date of June 12, 2009 is granted for service connection.

The Board has determined that additional development is necessary before the claims for service connection for a cervical spine disability and headaches can be decided. The Veteran's neck disability may have preexisted service, but further examination is needed to determine its etiology. For headaches, the VA examiner will need to provide an opinion on whether they are related to or aggravated by the Veteran's neck disability.

The Veteran's appeals for service connection on multiple conditions have been dismissed due to withdrawal of the appeal by the appellant.

The Veteran's PTSD, cervical and lumbar spine disabilities are being remanded for further evaluation as the current ratings do not reflect the severity of his symptoms.

The Veteran's current neck and back disabilities are granted as service-connected due to their onset during service, with the presumption of soundness being rebutted.

The Veteran's appeals for increased ratings of residuals of a traumatic brain injury, rhinitis, and fatigue and muscle pain have been dismissed.,An effective date earlier than January 23, 2008 for the grant of service connection for a cervical spine disability has been denied.

The Board has remanded the Veteran's claims for cervical disorder, dizzy spells, and headaches due to insufficient evidence regarding their etiology.