Neck / cervical spine decisions — 2019

The Board has remanded the claims for service connection due to a lack of VA treatment records from October 2003 to 2012 and an additional VA examination is needed. The Veteran's cervical spine and lumbar spine disabilities are being reviewed, as well as his PTSD claim.

The Veteran's claim for an earlier effective date for the award of a dependency allowance has been withdrawn. The appeal for service connection for cervical spine degenerative disc disease, IVDS and strain is granted. Restoration of the 40 percent rating for left lower extremity radiculopathy is granted.

The Board has granted the Veteran's claim of service connection for a cervical spine condition, variously diagnosed as cervical degenerative disc disease, cervical spondylosis, and cervical stenosis. The decision dismisses appeals regarding hypertension and osteopenia.

The Veteran's claim for service connection for a psychiatric condition other than PTSD is granted. The claim for service connection for PTSD is denied. The Board also found that the Veteran has a neck disability and remanded the case to obtain additional evidence.

The Veteran's claim for a higher rating for his fatigue with flu-like symptoms, chills, weight loss, musculoskeletal pain in the chest and arms, headaches, and night-sweats (claimed as chronic fatigue syndrome) is granted. His current 20% disability rating remains unchanged.

The Veteran's left ankle disability, cervical spondylosis, and left shoulder arthritis are all granted as service connected.,The Veteran's hypertension is also granted as service connected. The rating for right knee patellofemoral pain syndrome with degenerative arthritis and the rating for left knee patellofemoral pain syndrome remain pending due to remand.

The Board has determined that new VA examinations are required to determine if the Veteran currently has cervical spine and/or right shoulder disabilities, and if so, whether they are related to service. The claims will be remanded for these purposes.

The Board has remanded the cases for further development and examination to determine the current severity of the Veteran's conditions, including his mental health condition, bilateral ankle conditions, and bilateral hip conditions. The reduction in disability rating for cervical spine is also being reviewed.

The Board has granted service connection for bilateral hearing loss, left shoulder disability, neck disability, right knee disability, and left knee disability (secondary to a right knee disability).

The appeal for service connection for ischemic heart disease, bilateral foot disability restoration, and TDIU is dismissed. The appeals for increased ratings for various spinal disabilities, sensory deficits of the right shoulder and forearm, left wrist carpal tunnel syndrome, and left leg sensory deficit are withdrawn.

The Board has determined that the Veteran's cervical spine and right shoulder disorders are not causally or etiologically related to any disease, injury, or incident during service, and arthritis did not manifest to a compensable degree within one year of separation from active duty. Therefore, service connection for such disorders is denied.

The Veteran's applications to reopen claims for service connection for right foot, right shoulder, and cervical spine disabilities were denied. The Board found no new evidence that established a nexus between the current disabilities and service.

The Veteran's squamous cell carcinoma of the tonsil, traumatic arthritis, cervical spine, cervical radiculopathy, left upper extremity, and PTSD are all remanded for further examination and rating determinations.

The Veteran's depressive disorder and generalized anxiety disorder are granted service connection. The right shoulder, right hand, right foot, hepatitis C, left hip disabilities, low back disability, and cervical spine disability are dismissed due to withdrawal of appeals.

The Board has determined that the Veteran's cervical spine disability, which is manifested by pain and limited motion, does not warrant a higher rating as it currently meets the criteria for a 10 percent evaluation.

The Veteran's cervical strain has been rated at 30 percent since April 30, 2019. The Board found that the current rating is appropriate given her limited range of motion and pain.

The Board denied service connection for both a cervical spine disorder and vocal cord paralysis, finding that the disorders are not related to service or service-connected conditions.

The Board has denied the Veteran's claims for service connection for degenerative arthritis of the cervical spine with spinal fusion, degenerative arthritis of the lumbar spine with spinal fusion, and scars (left lower anterior neck and lower back) due to a lack of evidence linking these conditions to his active military service.

The Board has reopened the Veteran's claim for service connection for a lumbar spine disorder and remanded the remaining issues due to need for further development of evidence. The Veteran is required to provide additional medical records, undergo examinations, and complete other tasks as directed by the VA.

The Board has decided that the claim for service connection of a neck disability is not resolved and requires further examination to determine if it was incurred in or related to service.