Neck / cervical spine decisions — 2019

The Board has found that the VA's previous remand directives have not been substantially complied with, and thus the case is being returned to obtain additional treatment records from the Temple VAMC for the period January 1990 to October 1997.

The Veteran's cervical spine disability is currently rated at 20 percent, and the Board has ordered a remand to determine if a higher rating is warranted based on additional evidence of worsening.

The Board has dismissed the Veteran's appeals for various issues due to the absence of an adequate substantive appeal. The claims include increased ratings and effective date determinations.

The Board has granted service connection for tinnitus but has remanded the remaining issues due to insufficient reasoning and lack of adequate examination.

The Board has denied the Veteran's claims for service connection for low back and neck disabilities, finding that there is no evidence of a nexus between these conditions and his military service.

The Veteran's cervical spondylosis is granted as service connected, with a rating of 100%.

The Veteran's claim of entitlement to service connection for a cervical spine disability, including as secondary to his service-connected back disability, has been remanded due to insufficient evidence. The Board is requesting additional examination and development to determine the nature and etiology of any cervical spine disability.

The Veteran's claim for service connection for left ulnar neuropathy is granted. The Board finds that the current disability is related to his military service, and resolves any reasonable doubt in favor of the Veteran.

The Veteran's appeal for service connection for a kidney disorder is dismissed. The Board has remanded the issues of entitlement to service connection for an acquired psychiatric disorder, right knee disability, left hip and ankle disabilities, cervical spine disability, and left upper extremity disability (left arm) due to insufficient evidence.

The Veteran withdrew all remaining issues on appeal, including service connection for high blood pressure, bilateral hip disorder, and neck/cervical spine disorder. The Board dismissed the appeal due to the withdrawal.

The Board denied attorney fees for past-due benefits awarded in a November 2016 decision granting Total Disability Rating based on Individual Unemployability (TDIU) effective July 6, 2005. The Veteran and his attorney entered into four fee agreements but none covered the TDIU issue or the cervical spine disability issues.

The Veteran's claim for an increased rating for migraines was granted effective February 2, 2017. The claim for Dependents' Educational Assistance (DEA) eligibility was also granted effective November 28, 2018.

The Board has dismissed all appeals related to schizophrenia, increased rating for degenerative disc disease of the cervical spine, earlier effective date for degenerative disc disease of the cervical spine, and TDIU as the Veteran withdrew his appeals.

The Veteran's service-connected dyspareunia, resulting in the loss of use of a creative organ (sexual intercourse), is granted special monthly compensation.

The Board has remanded the claims for service connection for degenerative arthritis of the cervical spine and cervical radiculopathy due to duty-to-assist errors. The Veteran's claim will be remanded for a VA examination to address the etiology of his cervical spine conditions.

The Veteran's claims for increased ratings and service connection have been remanded due to failure to report for scheduled VA examinations. The cervical and thoracolumbar spine conditions are currently rated at 10 percent, but the evidence does not meet the criteria for a higher rating under the General Formula.

The Veteran's appeal is remanded for additional examination and opinion regarding the relationship between his service-connected back disability and his bilateral hip, knee, and neck disabilities. The claims for increased rating of lumbosacral strain are denied.

Service connection granted for low back disability, cervical spine/neck disability, migraine headaches, and left wrist disability.,The Veteran's current conditions are related to his service.

The Board has granted service connection for various knee, shoulder, cervical spine, and lumbar spine disorders. The Veteran's depressive disorder is also found to be related to his service-connected conditions.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional medical opinions.,The Board has denied a higher rating for migraine headaches prior to November 18, 2016 and since then.