Neck / cervical spine decisions — 2019

The Board has remanded the Veteran's claims for low back disability, cervical spine disability, left wrist sprain, left ankle disability, musculoskeletal strain (claimed as costochondritis Tietze's syndrome), otitis media, right ear, right knee disability, left knee disability, bilateral hearing loss disability, and tinnitus due to new evidence of ongoing symptoms.

The Board has remanded the Veteran's claims for service connection for residuals of a lumbar spine injury and residuals of a cervical spine injury due to incomplete records from his VA employment and treatment history.

The Veteran's service-connected disabilities, including bilateral lower extremity disabilities and several other conditions, have resulted in a combined rating of 100 percent. The Board has granted SMC benefits at the (r)(1) rate based on his need for regular aid and attendance due to his service-connected disabilities. Additionally, the Veteran is eligible for specially adapted housing as he meets the criteria for loss or use of both lower extremities.

The Veteran's claims for service connection for a lumbar spine disability, cervical spine disability, soft tissue sarcoma, and subacute peripheral neuropathy are all granted. The claim for service connection for subacute peripheral neuropathy is denied due to lack of evidence meeting the required presumptive criteria.

The Veteran's appeal is remanded for additional examinations and evaluations to address the severity of her cervical spine condition, as well as her right arm, bilateral hand, and bilateral upper extremity conditions. The VA will need to obtain updated medical records and conduct new examinations to determine the current nature and extent of these disabilities.

The Veteran's service-connected left distal tibia fracture is found to be the primary cause of his degenerative disc disease, sacroiliac joint strain, cervical spine arthritis, bilateral hip arthritis, and fibromyalgia.,Service connection for major depressive disorder secondary to service-connected left distal tibia fracture has been granted.

The Veteran's appeal for an increased evaluation of his left knee ACL tear and service connection for a neck disability were both denied by the Board. The left knee condition is currently rated at 10%.

The Board denied service connection for various conditions, including right and left shoulder disorders, ulcers, prostate disorder, hemoglobin disorder, cervical spine disorder, lumbar spine disorder, cardiac disorder, acquired psychiatric disorder, left lower extremity radiculopathy, right lower extremity radiculopathy, dementia and Alzheimer's disease, kidney disorder, right knee disorder, left knee disorder, eye disorder, and hypertension. The Board found no evidence of a nexus between these conditions and service.

The Veteran's claims for cervical and lumbar spine disabilities have been reopened due to the submission of new evidence. The Board has remanded these issues for further development, including obtaining VA treatment records and scheduling a VA examination.

The Board has restored the Veteran's 20 percent rating for cervical spine disability, finding that the reduction from 20 to 10 percent was improper due to insufficient evidence of material improvement under the ordinary conditions of life.

The Board has remanded the cases for readjudication due to receipt of additional VA treatment records and examination reports. The claims are not yet decided.

The Board denied the Veteran's claim for service connection for residuals of a neck injury to include cervical strain, finding that the preponderance of evidence is against a finding that his current condition began during active service or is related to an in-service injury. The right shoulder disorder and migraines were separately granted.

The Board has denied service connection for cervical spine disability and bilateral upper extremity nerve disability, but has remanded the issue of right lower extremity nerve disability.

Service connection for PTSD is granted, and the Veteran's asthma rating remains at 30 percent.,The Veteran's TDIU claim is granted, but subject to specific laws and regulations regarding monetary benefits.,The cervical spine disability issue is remanded for further review.

The Board has denied the Veteran's claim for service connection for a cervical spine disorder, finding that there is no evidence of chronic disability during or immediately after service and insufficient medical evidence to establish a link between current symptoms and military service.

The Board has decided to remand the Veteran's claims for spine disabilities due to new evidence and increased symptomatology. A new VA examination is needed to assess the current severity of his service-connected lumbar, thoracic, and cervical spine conditions.

The Veteran's claims for bilateral knee disabilities, cervical spine disability, right knee disability, and left knee disability are being remanded due to the need for additional evidence and a medical opinion.

The Board has remanded the case due to insufficient medical opinion regarding whether the Veteran's current cervical spine disability existed prior to his period of active duty for training (ACDUTRA) in April 1997 and if so, whether it was aggravated by a fall during that time.

The Board has granted service connection for cervical spine degenerative spondylosis and vertigo, including as secondary to the cervical spine. The Veteran's current bilateral hearing loss is not shown to have had its onset during service or be related to his military service.

The Veteran's claim for compensation under 38 U.S.C. § 1151 is dismissed as moot because the grant of service connection for right and left lower extremity radiculopathy, which are secondary to his service-connected cervical spine disabilities, renders the original claim moot.