Neck / cervical spine decisions — 2019

The Board has remanded the claims for lumbar spine and cervical spine disabilities due to insufficient evidence regarding their etiology. The Veteran's service connection claims are pending, but a new examination is required to determine if his current conditions are related to his military service.

The Board has remanded the case due to a pre-decisional duty to assist error regarding the Veteran's cervical spine disability, specifically the October 1982 X-ray showing vertebral sclerotic changes. The RO is instructed to obtain and associate the July 2018 cervical spine X-rays with the claims file and seek an addendum medical opinion from a suitably qualified clinician.

The Board has remanded the Veteran's claims for service connection due to incomplete records and a failure to comply with prior instructions. The Veteran is required to provide additional VA treatment records, especially from Salisbury VAMC and Hickory VA OPC, as well as SSA disability records.

The Board has determined that the Veteran's service-connected disabilities alone rendered him unable to secure or follow a substantially gainful occupation, and thus granted his TDIU claim.

The Board has determined that the Veteran's service connection claims for various disorders are remanded due to missing service treatment records. The AOJ is instructed to obtain these records and provide the Veteran with VA examinations if necessary.

The Veteran's service-connected disabilities render him unable to follow a substantially gainful occupation, and the Board finds that he meets the schedular requirement for TDIU.

The Veteran's service-connected disabilities, including cervical spine degenerative changes with disc bulges and multiple lower extremity radiculopathies, have rendered him unable to secure or follow a substantially gainful occupation. The Board has remanded the matter for further consideration of whether TDIU is moot due to his combined 100% disability rating.

The Board has denied the Veteran's claim for a compensable rating for bilateral hearing loss. The issues of service connection for various conditions, including right rotator cuff condition, back condition, asbestosis, and knee conditions are remanded due to outstanding records.

The Board has remanded several service connection claims due to the need for additional examinations and development of evidence. The appellant's left knee osteoarthritis claim remains in appellate status, while his generalized anxiety disorder claim requires a new examination.

The claim of left lower extremity radiculopathy is dismissed. The petition to reopen the service connection for a cervical spine disorder is granted, but the case is remanded due to insufficient evidence regarding its onset and etiology.

The Veteran's application to reopen his claim for service connection for a neck condition is granted. The Board has also determined that the Veteran needs regular aid and attendance due to his service-connected disabilities, which requires SMC based on need for aid and attendance. However, the claims for service connection of cervical spine disability, left shoulder disability, and right shoulder disability are remanded for further development.

The Veteran's tinnitus was granted service connection. The issues of service connection for arthritis of the spine, right ankle condition, and right hip condition are remanded for further development.

The Board has determined that the Veteran's degenerative disk disease of the cervical spine is related to service, specifically an in-service motor vehicle accident. Service connection for this condition is granted.

The Board has reopened the claim for service connection for GERD and remanded the issues of service connection for sleep apnea, cervical and lumbar spinal damage, seizures, a disability rating in excess of 10 percent for TBI, and total disability rating based on individual unemployability (TDIU).

The Board has remanded the Veteran's claims for higher initial ratings for her service-connected thoracolumbar and cervical spine disabilities due to inadequate examinations and need for updated treatment records.

The Board has remanded the Veteran's claims of service connection for low back and neck disabilities due to inadequate opinions in the VA examination reports. The Veteran is required to undergo further examinations to determine if his current conditions are related to his military service.

The Veteran's appeal of the TDIU issue is dismissed as moot. The claims for service connection related to hearing loss, cervical spine injury, and headaches are remanded due to new evidence or further examination being required.

The Board has reopened the Veteran's claims for service connection for headaches and a cervical spine disability, but has remanded these issues due to outstanding VA treatment records and private treatment records. The Veteran is also being asked to undergo additional examinations to determine if his current disabilities are related to service.

The Veteran's obstructive sleep apnea is granted as secondary to his service-connected disabilities. The Veteran is denied a higher rating for tinnitus and hearing loss, but TDIU from April 1, 2011 to April 12, 2012 is granted.

The Veteran withdrew his appeals for the claims of service connection for various disabilities at a hearing before the Board.