Neck / cervical spine decisions — 2019

The Board has remanded several claims for increased ratings and service connection, including those related to the Veteran's bilateral shoulder, elbow, cervical spine, thoracolumbar spine, hip, knee, ankle disorders, sinusitis, TBI, tension headaches, PTSD, and TDIU.

The Veteran withdrew her appeal regarding all claims, including cervical spine disorder, lumbar spine disorder, asthma and left lower extremity peripheral neuropathy.

The Veteran's claims for service connection and increased ratings were denied. The claim for an initial rating greater than 40 percent for left lower extremity sciatic radiculopathy was also denied.

The Board has remanded the Veteran's claims due to incomplete records and the need for further evaluation.

The Board has remanded several issues related to the Veteran's service-connected disabilities, including peripheral neuropathy of various extremities and psychiatric conditions. The claims for increased ratings are also being remanded.

The Veteran's major depressive disorder is rated at 50 percent, and he has been granted a total rating based on individual unemployability since January 1, 2014.

The Veteran's cervical spine disorder and sleep apnea are not service connected, with the exception of a granted increased rating for PTSD. The claims for secondary service connection were denied.

The Veteran's cervical spine disorder and sleep apnea are not service connected, with the exception of a granted increased rating for PTSD. The claims for secondary service connection were denied.

The Veteran's cervical spine disorder is granted as secondary to his service-connected right knee condition. The appeal for a right leg disorder, increased ratings for the right and left knees, and an increase in shoulder scars are dismissed.

The Veteran's cervical spine disability was not rated higher than 10 percent prior to February 9, 2016 and was not rated higher than 30 percent after that date.,Prior to October 27, 2014, the Veteran's lumbar spine disability did not warrant a compensable rating. Beginning October 27, 2014, and prior to February 9, 2016, he was granted a 20 percent rating for this condition.,Beginning February 9, 2016, the Veteran's lumbar spine disability did not warrant a higher than 40 percent rating.

The Veteran's claims for a rating in excess of 10 percent for chronic sinusitis and allergic rhinitis have been denied.,The Veteran's applications to reopen the previously denied claims for diarrhea, abdominal pain, cramps, vision disability, hemorrhoids, thyroid disability, laryngitis, tachycardia, migraine, respiratory disorder (bronchial asthma), and a fatty liver and liver cysts have all been denied due to lack of new and material evidence.,The Veteran's applications to reopen the previously denied claims for gastritis, reflux, duodenitis and/or diverticulitis, hiatal hernia, cervical disability, bilateral hand disability, bilateral leg disability, back disability (claimed as radiation of pain to the back and right side of body), left shoulder disability, vesicular disorder of the bilateral leg, gallbladder disability have all been granted due to new and material evidence.

The Board has remanded the cases due to insufficient response in the addendum opinion regarding whether the Veteran's back and cervical spine conditions are post-traumatic reactions from his 1983 motor vehicle accident.

The Board denied service connection for a cervical spine disorder, headache disorder, and sleep apnea. The decision is based on the lack of evidence linking these conditions to service.

Service connection is granted for degenerative arthritis of the cervical spine, left knee, and right knee.,Service connection is denied for hypertension and thyroid disorder.

The Veteran's claims for service connection and increased ratings were denied. The Board found no current psychiatric or sleep disorder, and the left shoulder and cervical spine disabilities do not meet the criteria for a higher rating.

The Veteran's appeal for service connection on multiple conditions has been dismissed due to his death.

The Board has remanded the Veteran's claims of service connection for a right shoulder disability and a cervical spine disability due to insufficient examination findings. The examiner is requested to address the Veteran's credible lay statements regarding in-service injuries.

The Veteran's postoperative right femur fracture with anterior cruciate injury is currently rated at 20 percent, which is the maximum rating available under Diagnostic Code 5257.,Right knee limitation of motion has been rated at 10 percent since July 2008. The current range of motion does not warrant a higher rating.

The Board has remanded the cases for additional development, including obtaining VA examinations to assess the nature and etiology of any bilateral shoulder and/or cervical spine disabilities. The Veteran is seeking service connection for his bilateral shoulder disability and cervical spine disability as secondary to his service-connected traumatic brain injury.

The Board has decided to remand the Veteran's claims for initial compensable disability ratings for his service-connected right knee, left ankle, and cervical spine disorders due to a lack of VA examinations.