Neck / cervical spine decisions — 2019

The Veteran's initial claim for a cervical spine disability was granted with a 20% rating effective June 7, 2016. The Veteran appealed this decision and requested an earlier effective date.,The Board has determined that the criteria for a 40% rating are met as of April 11, 2019, but has not assigned a higher rating due to lack of unfavorable ankylosis or incapacitating episodes.

The Board has remanded the Veteran's claims for increased ratings for cervical and lumbar spine disabilities due to inadequate VA examinations. The AOJ is instructed to arrange for a new VA examination, obtain all relevant records, and provide the Veteran with another opportunity to submit evidence.

The Veteran's service-connected conditions, including major depressive disorder with other specified trauma, lumbosacral strain, cervical strain, and patellofemoral syndrome of the right knee, are being remanded for further development due to new evidence added to her claims file.

The Board has remanded the claims for service connection for various conditions due to incomplete records from the Veteran's period of service in the Republic of Vietnam.

A rating of 30 percent, but no higher, for frostbite of the right foot, third toe is granted. The Veteran's other claims are remanded.

The Board found that the Veteran's cervical spine arthritis did not begin during service and was not compensably disabling within a year of separation from his first two periods of service. The claim is denied as new and material evidence has not been received.

The Veteran's claims for service connection for a cervical spine disorder, nerve damage of the right arm and hand secondary to a cervical spine disorder, and blurred vision have been remanded due to new evidence submitted after previous decisions.,Service connection is being remanded for these conditions.

The Veteran's appeal for a higher evaluation for chronic cervical (neck) strain was denied, while he received a 10 percent rating for post-traumatic headaches.

The Board has remanded these cases due to the need for additional evidence and development.

The Board denied the Veteran's claims for service connection of a right knee disability and a neck disability, finding that new evidence did not establish a relationship to service or a service-connected condition.

The Veteran's right shoulder strain is characterized by painful motion and limited motion to 90 degrees beyond the side level, resulting in a denial of an increased rating above 20 percent.,The Veteran's IBS with GERD is characterized as moderate pyrosis and regurgitation, leading to a grant of a non-compensable rating which was later upgraded to 10 percent effective February 6, 2012. The issue of entitlement to an increased rating in excess of 10 percent remains pending.,The Veteran's cervical strain is characterized by complaints of neck pain and limited rotation during service, with no current evidence of limitation or dysfunction. Service connection for this condition is also pending.

The Board has remanded the claims of service connection for left shoulder, neck, and back disabilities due to insufficient evidence in the record.

The Veteran's left ear hearing loss is not service-connected as there is no evidence of a current disability.,There is insufficient evidence to establish a cervical spine disability for which service connection could be granted.

The Board has remanded the issues of service connection for various conditions due to insufficient evidence or procedural deficiencies. The Veteran's claims are related to his existing service-connected disabilities.

The Veteran's service-connected disabilities render him unemployable, and the Board has granted a TDIU.

The Veteran's unauthorized ambulance transportation services for a syncopal event related to his service-connected cervical degenerative disc disease are granted.

The Board denied the Veteran's claims for service connection for head injury, neck disability, right hip disability, and left hip disability. The evidence did not establish a current diagnosis of any of these conditions.

The Board has remanded the cases for further development due to inadequate examination reports. The Veteran's representative challenged the adequacy of the April 2018 examinations, which found that additional functional impairment during flare-ups could not be determined without resort to mere speculation.

The Board has determined that the issues of service connection for hypertension, skin disorder (including jungle rot), cervical spine disability, right knee disability, lumbar spine disability, peripheral neuropathy of the lower extremities, left hip disability, and right hip disability are remanded due to inadequate examinations and need further clarification.

The Board has granted service connection for a cervical spine disability, finding that the Veteran's current disabilities are at least as likely as not caused or aggravated by his service-connected residuals fracture left femur with functional one inch shortening and left hip strain.