Neck / cervical spine decisions — 2019

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities, finding that his service-connected conditions do not preclude him from securing or following substantially gainful employment.

The Board has remanded the issues of entitlement to service connection for bilateral knee disability, right shoulder disability, bilateral wrist arthralgia, bilateral elbow disability, cervical spine disability, and gastrointestinal disability (IBS), due to undiagnosed illness.,These matters are being returned to the Board for further action.

The Board has denied service connection for chronic lumbar spine disorder and chronic cervical spine disorder as there is no evidence of a current disability related to active service.

The Board has reopened the claim for service connection for bilateral wrist disability due to new evidence received since the last denial. The claims of service connection for lumbar spine, cervical spine, and headaches disabilities are remanded for further development.

The Veteran's claim for service connection for cervical spine disability, specifically degenerative disc disease (DDD) of the cervical spine, status post spinal fusion, is granted. The claim for secondary service connection for parasthesia of the left upper extremity as secondary to DDD of the cervical spine, status post spinal fusion, is remanded.

The Board has decided to remand the case due to insufficient medical evidence regarding the relationship between a lumbar disorder and an in-service traumatic brain injury. The Veteran's claim for service connection is pending.

The Board has granted service connection for the Veteran's anterior cervical fusion scar, effective from May 14, 2012. The decision is based on the date of receipt of the claim rather than when the entitlement arose.

The Veteran's claims for service connection and increased rating have been granted. Service connection is established for depression with PTSD, and a 70 percent disability rating has been assigned.

The Veteran's appeals seeking increased ratings from September 29, 2015 to the present for his cervical spine and bilateral upper extremity radiculopathy disabilities have been withdrawn.,The Veteran's claim giving rise to the grants of service connection for bilateral upper extremity radiculopathies was received in July 2011; entitlement was established during a September 2015 VA examination.,The Veteran’s neck claim was received in July 2011; it is not factually ascertainable that the Veteran met the criteria for a 20 percent rating for his neck disability prior to September 29, 2015.

The Veteran's PTSD has been granted a 100% schedular rating, effective as of the date of the decision. The issues regarding right knee and left knee disabilities, cervical spine disability, and TDIU are remanded for further development.

The Board has remanded the case due to deficiencies in a previous VA examination, specifically failing to address impairment during flare-ups and pain affecting range of motion. The Veteran will need a new examination to assess his current neck disability.

The Board has found that not all of the prior remand directives have been accomplished and has therefore ordered the case to be returned for compliance with the Board's previous instructions.

The Board has determined that the Veteran's current cervical spine disability was incurred in service, and thus granted service connection for this condition.

The Board has decided to remand the case due to insufficient medical opinions regarding the relationship between the Veteran's tonsil cancer and service connection. The case will be returned for further examination and opinion.

The Board has denied the Veteran's claims for service connection for bilateral shoulder disability, bilateral elbow disability, left knee disability, cervical spine disability, and bilateral hip disability. The claim for sleep disorder is remanded.

The Veteran's right index finger disability and cervical spine degenerative arthritis were evaluated, but the Board found that a compensable rating was not warranted for either condition. The case is being remanded to further develop evidence.,For his cervical spine degenerative arthritis prior to March 5, 2018, and in excess of 10 percent thereafter, the Veteran's disability did not warrant a higher rating as there was no objective evidence of pain or functional impairment.

The Board has decided to remand the case due to a lack of a VA examination for service connection claims, including cervical disc herniation. A new examination is needed to determine if the Veteran's current neck disability was caused by her service.

The Veteran's claim for payment or reimbursement of medical expenses incurred at St. Mary’s Hospital on July 28, 2017 was denied as the treatment did not meet the criteria under 38 U.S.C. § 1725.

The Board denied service connection for various disabilities, including lumbosacral spine disability with associated radiculopathy, cervical spine disability with associated radiculopathy, chronic sinusitis, epigastric disability, right zygomatic arch disability, and left shoulder disability. The evidence did not support a finding that these conditions were incurred in service or related to service.

The Board has denied the Veteran's claims of service connection for left shoulder and neck disabilities due to a lack of evidence showing that these conditions began during active service or are related to in-service injuries. The preponderance of the evidence is against finding such connections.