Neck / cervical spine decisions — 2019

The Veteran's claims for service connection for cervical spine disability and radiculopathy of the upper extremities were denied, as no earlier effective date can be assigned due to the finality of a previous denial.

The Veteran's service-connected right and left upper extremity cervical radiculopathies are now rated at the maximum allowable under VA regulations.,No earlier effective dates were granted for any of the issues on appeal.

The Board has restored the Veteran's disability ratings for cervical spine DJD, sciatic nerve radiculopathy, anterior crural nerve radiculopathy, and major depressive disorder to their prior levels from December 23, 2015.

The Veteran's disability ratings for Posttraumatic Stress Disorder (PTSD) with associated Erectile Dysfunction and Traumatic Brain Injury (TBI) Residuals were restored to their previous levels of 70 percent and 40 percent, respectively.

The Veteran's claim for PTSD has been reopened and is being remanded to determine the validity of the reported stressors.,The Veteran's claim for a left knee disability has been reopened and is being remanded to attempt to corroborate the reported stressor.

The Veteran's service-connected disabilities do not preclude him from securing and following a substantially gainful occupation, but he is entitled to TDIU benefits effective November 22, 2017.

The Board has granted service connection for tinnitus, finding that the Veteran's exposure to noise during active duty service is sufficient evidence of in-service injury. However, service connection for a neck disability was denied due to the Veteran's own willful misconduct resulting from alcohol consumption.

The Board has remanded the claim of service connection for a neck disability, as it is insufficiently addressed in the previous medical opinions. The Veteran's lay reports of continuous symptoms since discharge are not considered by the examiner.

The Board has remanded the Veteran's claims for service connection for various disabilities due to conflicting evidence and need for further examination.,The Veteran is seeking service connection for insomnia as a symptom of an acquired psychiatric disorder. The Board has also remanded this issue.

The Veteran's appeal for an initial disability rating in excess of 10 percent for tinnitus was dismissed due to the appellant's withdrawal.,Service connection was denied for cervical, low back, and right knee disabilities. The Veteran did not have TBI or a vision problem at any time during the pendency of the claim.

The Veteran's cervical spine disability was granted a 30 percent rating from July 9, 2019. The previous ratings of 20 and 10 percent were maintained prior to that date.

The Board has determined that the Veteran's claims for increased ratings and earlier effective dates are remanded due to the need for additional examinations to assess the current severity of his right shoulder recurrent dislocations and chronic cervical strain.

The Veteran's tinnitus claim is granted, while his sleep apnea claim is denied. The right and left knee retropatellar pain syndrome claims are remanded for further development.

The Veteran's claims for service connection for bilateral knee disability, bladder diverticulum status post TURP, cervical spine condition, and colitis have been denied. The claim for bilateral knee disability was not reopened due to lack of new and material evidence.

The Board has remanded the claims for a cardiac disorder, cervical disorder, and lumbar disorder due to insufficient evidence regarding their etiology. The Veteran's service-connected PTSD is not considered as the primary cause of her current cardiac condition.

The Veteran's claims for service connection are remanded due to the need for additional examinations and opinions regarding the etiology of his claimed conditions, particularly those related to bilateral ankles, knees, hips, lumbar spine, cervical spine, right ankle condition, left ankle condition, right knee condition, left knee condition, right hip condition, left hip condition, and sleep apnea. The claims are also remanded for increased evaluations.

The Board has decided to remand four issues related to the Veteran's neck disability, right shoulder disability, and sciatica of both lower extremities due to insufficient evidence or need for further examination.

The Veteran's claims for service connection for left knee and left ankle disorders, tinnitus, migraine headaches, and cervical spine disability have been granted.,New evidence has reopened the Veteran's previously denied claims of service connection for these conditions.

The Board has denied the Veteran's claims for service connection for various conditions, including hearing loss and TBI. The case is remanded to obtain additional examination opinions regarding whether these conditions are secondary to his service-connected PTSD.

The Board has remanded the Veteran's claims for service connection for a cervical spine disability and bilateral hearing loss due to additional development being needed.