Neck / cervical spine decisions — 2019

The Board has remanded several claims for service connection due to the lack of a separation examination report. The Veteran's active service from May 1989 to May 1993 is noted, and he elected to have a separation medical examination prior to his discharge.

The Board denied the Veteran's claims for service connection for arthritis of the entire body and degenerative disc disease of the cervical and thoracic spine, finding that his conditions are less likely than not due to or aggravated by his active duty service.

The Board has remanded the Veteran's claim for service connection for a neck disability, including pain and radiculopathy, as secondary to his service-connected chronic bilateral knee strain due to insufficient evidence regarding the etiology of the condition.

The Veteran's right ankle scar is rated at 0 percent, and a higher rating is denied.,PTSD remains rated at 70 percent, with no higher rating granted.,Prior to October 16, 2018, the lumbar spine disability was rated at 20 percent; as of that date, it is rated at 40 percent.,The Veteran's hypertension and erectile dysfunction are not rated higher than 20 percent.,A higher rating for a left eye disability is denied.,Service connection for obstructive sleep apnea, right eye disability, chest disability, and headache disability remains remanded.,Service connection for cervical spine disability, right ankle disability, right knee disability from March 1, 2014 to September 15, 2015, left knee disability, and a temporary 100 percent rating based on surgical treatment for the right knee requiring convalescence are all remanded.,Effective dates prior to specific dates for service connection grants or increased ratings are also remanded.

The Veteran's claim for service connection for a cervical spine disability is granted as new and material evidence has been submitted. However, the preponderance of the evidence does not support a finding that any current cervical spine disability is related to service.,Service connection for aggravation of sleep apnea by service-connected lumbar spine and radiculopathy disabilities is granted in favor of the Veteran.

The Veteran's claims for service connection have been denied as the evidence does not support a finding that any of his claimed conditions are related to military service or secondary to a service-connected disability.

The Veteran's appeal for service connection on all four issues has been dismissed due to the Veteran requesting a withdrawal of his appeals.

The Veteran's rating for degenerative arthritis of the cervical spine with intervertebral disc syndrome (IVDS) was reduced from 20 percent to 10 percent, effective September 1, 2018. The Board found that this reduction was void ab initio due to a failure to apply the correct criteria and restored the original rating.

The Board has determined that the VA examinations provided for the Veteran's intervertebral disc syndrome with degenerative joint disease (DJD) and bilateral hearing loss are inadequate. The Veteran also raised a claim of entitlement to TDIU, which is inextricably intertwined with the other issues on appeal.

The Board has remanded the claim for service connection for degenerative joint disease of the cervical spine (cervical arthritis) as secondary to a service-connected lumbosacral myofascial syndrome due to insufficient evidence and failure to address causation and aggravation separately.

The Board denied the Veteran's claims for service connection for various conditions, including stomach pain, restless leg syndromes, and a right shoulder disability. The evidence submitted did not raise a reasonable possibility of substantiating these claims.

The Veteran's service-connected disabilities do not prevent him from engaging in substantially gainful employment, as he has worked full-time since March 2009 and continues to work in administrative positions.

The Board has remanded the Veteran's claims for service connection and a temporary total rating for disability of the cervical spine due to incomplete development, including obtaining medical records and scheduling an examination.

The Board has determined that the Veteran's preexisting cervical spine disorder did not increase in severity during his military service, and therefore denied his claim for service connection.

The Veteran's claims for service connection related to TBI, cervical spine disorder, right leg disorder, left knee disorder, right thumb disorder, left thumb disorder, deviated septum with post-surgery complications, sleep disorder, and right knee disorder have been reopened due to the submission of new and material evidence. However, his claims remain denied as there is no legal basis for an evaluation in excess of 10 percent for tinnitus.

The Board has granted an earlier effective date of December 23, 2010 for the Veteran's entitlement to total disability rating based on individual unemployability (TDIU). The decision is based on the fact that the Veteran was entitled to a combined rating of at least 70 percent with a single disability rated at 40 percent or more since December 23, 2010, and his service-connected disabilities have prevented him from engaging in substantially gainful employment since that date.

The Board has remanded the claims for scleroderma, neck disability, and rheumatoid arthritis due to insufficient evidence in the record.

The Board has denied the Veteran's claims for service connection for bilateral knee disability and neck disability, finding that there is no evidence of in-service injury or disease related to these conditions.

The Veteran's lumbar spine disability is being remanded for an updated VA examination to assess the current nature and severity of his condition.,The issue of service connection for peripheral radiculopathy of bilateral upper and lower extremities is being remanded due to inadequate previous VA examination results.,An additional medical opinion is needed regarding the etiology of the Veteran's major depressive disorder, as well as whether it is aggravated by his service-connected lumbar spine disability.,The issue of service connection for obstructive sleep apnea is being remanded because there is evidence suggesting a link to military service or a service-connected disability.,A VA examination in conjunction with this claim is needed due to the Veteran's cervical spine disability possibly having been caused by his active service.,The Veteran's skin disability is being remanded for an additional VA examination and opinion regarding its etiology, given conflicting evidence from different medical professionals.,Service connection for high blood pressure is being remanded because it has not yet been adjudicated due to pending SSA benefits determination.,Service connection for diabetes mellitus and peripheral neuropathy of the bilateral upper and lower extremities are being remanded as well.,Service connection for hypercholesterolemia is being remanded, with a request for additional evidence from Social Security Administration (SSA) regarding disability benefits.

The Board has granted service connection for tinnitus. The remaining issues of neck disability, left arm pain, left shoulder pain, and left lower extremity radiculopathy are remanded for further development.