Neck / cervical spine decisions — 2019

The Board has granted service connection for cervical spine disorder, lumbar spine disorder, and sleep apnea. The Veteran's pre-existing conditions were aggravated during active duty training (ACDUTRA).

The Board has ordered a remand due to the need for additional development, including obtaining VA and private treatment records and arranging for an orthopedic examination.

The Veteran's service-connected conditions do not render him unemployable, as he has been employed in various capacities and the Board finds that his employment is not marginal.

The Board has remanded the Veteran's claims of service connection for various musculoskeletal disorders, including cervical and lumbar spine disorders, bilateral ankle, hip, knee, shoulder, and wrist disorders. The VA examinations are needed to address continuity of symptomatology since service.

The Veteran's claims of service connection for sciatica, a cervical spine disorder, and GERD are being remanded due to the need for additional development.

The Veteran is granted a TDIU based on his service-connected disabilities, including adjustment disorder with mixed anxiety and depressed mood, degenerative disc disease of the lumbar spine, degenerative disc disease of the cervical spine. The effective date for this award will be determined by the AOJ.

The Board has denied the Veteran's petitions to reopen claims for service connection of back disorder, cervical spine disorder, bilateral knee disorder, and bilateral hearing loss due to lack of new and material evidence.

The Board has remanded the Veteran's claims for service connection for left shoulder, low back, and neck disabilities due to a lack of substantial compliance with previous remand directives. The claims are now pending again.

The Veteran's PTSD and secondary cervical spine disability are granted as service-connected.

The Veteran's rating for cervical strain was denied, and his left hip disability was granted a 20 percent rating. The case is being remanded due to additional development needed.

The Board has remanded the issue of TDIU due to the inextricably intertwined issues of service connection for acquired psychiatric disorder, sleep condition and memory loss. The Veteran's current combined evaluation is at 60 percent.

The Board has granted service connection for PTSD, cervical spine disorder, cephalgia, tinnitus, and erectile dysfunction. The Veteran's paresthesias of the right and left sciatic nerves are rated at a minimum 20 percent.

The Board has remanded the claims for service connection due to insufficient evidence and because they are inextricably intertwined. The Veteran needs to provide updated medical records from his VA treatment.

The Board has granted service connection for a neck disability and cervical radiculopathy, but has remanded the issue of left lower extremity radiculopathy as secondary to service-connected lumbosacral strain.

The Board has decided to remand the Veteran's claim for additional development due to inadequate opinion in the VA examination report.

The Board has dismissed the appeal for PTSD. The remaining issues of service connection for hypertension, cervical spine disability, lumbar spine disability, chronic sinusitis, and acne are remanded.

The Veteran's TDIU claim was granted effective July 10, 2015. The effective date is based on the fact that his service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation as of this date.

The Veteran's claims for increased ratings and TDIU were denied as his service-connected conditions did not render him unemployable prior to December 15, 2016.

The Veteran's cervical strain and upper extremity radiculopathy are rated at the maximum available under VA regulations, with no further increase in rating possible.,Service connection for a right knee disability is denied as there is insufficient evidence to establish that it began during service or is related to an in-service injury.

The Board has remanded the Veteran's claims for service connection for right shoulder, right elbow/arm, and neck disabilities due to an error in relying on a VA examiner’s opinions based on an inaccurate factual premise. The AOJ is required to obtain updated VA treatment records and request private treatment records from non-VA providers. A VA examination must be scheduled to determine the nature and etiology of the Veteran's disabilities.