Neck / cervical spine decisions — 2019

The Board has determined that the Veteran's claims for increased ratings and service connection are remanded due to duty-to-assist errors. Specifically, a new VA examination is needed to assess the severity of his lumbar spine disability, determine whether his cervical strain disability was proximately caused or aggravated by his service-connected degenerative arthritis of the lumbar spine, and determine the nature and etiology of his bilateral hamstring disabilities.

The Veteran's claim for an effective date earlier than April 18, 2014 for the award of service connection for fibromyalgia was denied. The Veteran is currently receiving the maximum schedular rating for fibromyalgia.,The Veteran's claim for a higher initial rating for fibromyalgia was denied as his disability is already at its highest possible rating under VA regulations.,The Veteran's cervical spine disability was remanded due to inadequate medical opinion regarding its etiology and relationship to service-connected conditions.

The Board has determined that the VA examination conducted in March 2017 was inadequate and requires an addendum opinion to address causation, aggravation, and quantification of any aggravation.

The Board has remanded the Veteran's claims of service connection for a cervical spine disability and a compensable rating for tension headaches due to new evidence and need for further examination.

The Veteran's appeal for a higher initial rating of his now service-connected cervical spine disorder is no longer before the Board. The TDIU claim is remanded due to the need for a VA examination addressing the combined effects and impairment resulting from his service-connected disabilities.

The Board denied the Veteran's claims for service connection for a neck disability, left knee disability, and sinus passage injury. The claim for sleep apnea was also remanded.,An earlier effective date of February 3, 2010 for the grant of service connection for PTSD was denied.

The Veteran's service-connected lumbar strain with spondylosis and degenerative disc disease of the cervical spine have been rated at 20 percent each since October 1, 2009. The Board has found that these ratings are not appropriate due to functional impairment.

Service connection is granted for intervertebral disc syndrome of the cervical spine, neuropathy of the left upper extremity, and neuropathy of the right upper extremity.,The Veteran's service-connected conditions are associated with his current disabilities.

The Board has decided to remand three issues related to the Veteran's service connection claims for a cervical spine disability, radiculopathy of the right upper extremity, and radiculopathy of the left upper extremity. The reasons are that there is insufficient evidence to determine the nature and etiology of these disabilities.

The Veteran's claim for service connection for a back disability was denied because the evidence did not show that her condition was incurred in service and due to willful misconduct.,Service connection for right shoulder, right elbow, and neck disabilities were also denied as there is no objective medical link between these conditions and service.

The Board has granted service connection for a left knee disability and a cervical spine disability, finding that the evidence is at least in equipoise regarding their onset during service.

The Board has denied service connection for the left shoulder disability due to a bar on benefits based on the Veteran's other than honorable discharge. The back and neck disabilities are remanded as there is insufficient evidence regarding their onset during active duty.

The Veteran's claim for bilateral hearing loss is denied as there is no evidence of a current disability meeting VA criteria.,The Veteran's claims for an acquired psychiatric disability, including anxiety, depression, and PTSD are denied due to lack of diagnosed conditions during the appeal period.,The Veteran's claim for a cervical spine disability is denied because there is no evidence of a current diagnosis or in-service injury related to this condition.,The Veteran's claims for right ankle and left ankle disabilities are denied as there is no evidence of a current diagnosis or in-service injury related to these conditions.,The Veteran's claims for right shoulder and left shoulder disabilities are denied because there is no evidence of a current diagnosis or in-service injury related to these conditions.

The Veteran's claim for service connection for DJD of the cervical spine, as secondary to his service-connected disabilities, was reopened. The claim is denied because there is no evidence that the neck disorder is related to service or a service-connected disability.

The Board has remanded the case due to issues with both medical opinions and the need for additional treatment records. The Veteran's claim of service connection for a cervical spine condition is being reviewed, but it remains unclear if his current condition is related to his in-service motor vehicle accident.

The Board has remanded several issues related to the Veteran's claims, including service connection for various disabilities and an increased rating for knee osteoarthritis. The specific issues include bilateral hearing loss, tinnitus, thoracic spine disability, right elbow disability, left elbow disability, right shoulder disability, cervical spine disability, and headaches.

The Veteran's migraine headaches are granted a 50% rating, while the cervical spine disability is denied any increase in rating.

The Board has identified multiple issues on appeal related to service connection for various disabilities. The AOJ must review the claims in light of all received evidence and provide a Supplemental Statement of the Case if necessary.

The Veteran's claims for service connection for various conditions are being remanded as there are outstanding treatment records that have not yet been associated with the claims file.,Further examination and opinion may be needed to determine if any of the claimed disabilities are related to military service.

The Veteran's initial rating for cervical spine degenerative arthritis is denied as her flexion of the cervical spine was at worst 30 degrees, which does not meet the criteria for a higher rating. The issues of service connection for low back disorder and an acquired psychiatric disorder are remanded.