Neck / cervical spine decisions — 2019

The Veteran's appeals for increased ratings for cervical DDD, lumbar DDD, and DM have been dismissed. The Board has granted a TDIU based on the Veteran's service-connected disabilities preventing him from securing or following any substantially gainful employment.

The Veteran's initial compensable ratings for post-cervical fracture with residual strain and left arm strain prior to May 22, 2012 have been denied.,The Veteran's increased ratings of 20 percent for post-cervical fracture with residual strain from May 22, 2012 forward and 10 percent for left arm strain from the same date have also been denied.

The Board denied the Veteran's claim for TDIU as his service-connected conditions do not render him unable to secure or follow a substantially gainful occupation.

The Board has remanded the claims for additional development and clarification of the Veteran's service connection and evaluation requests.,An effective date of February 27, 2001, is granted for a 40 percent rating for lumbar spine degenerative disc disease. Other issues remain pending.

The Veteran's hypertension had its onset in service and the Board has granted service connection for this condition. The issues of increased ratings for cervical spine disability, radiculopathy of the right and left lower extremities, and scars of the right and left shoulders are remanded.

The Board has decided to remand the case due to insufficient examination and opinion regarding the Veteran's cervical spine disability, which may be related to his service-connected back disability.

The Veteran's claims for increased ratings for left hip degenerative joint disease, lumbar and sacroiliac joints degenerative joint disease, and cervical spondylosis were denied as his conditions did not meet the criteria for higher ratings under VA rating criteria.

The Veteran's claims for service connection have been remanded due to the need for further examination and evaluation. The issues include bilateral hearing loss, low back disability, left knee disability, right knee disability, carpal tunnel of the upper extremities, cervical spine disability, and shoulder disabilities.

The Board has remanded all issues due to the failure of the AOJ to provide proper notice to the appellant's representative regarding a June 2016 rating decision. The CUE claim should be resolved prior to resolving the new and material evidence claim.

The Veteran's claim for higher ratings for degenerative arthritis of the cervical spine and left knee was denied as there is no evidence showing that his symptoms warranted a rating in excess of the currently assigned 10 percent.

The Board has granted the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to his service-connected disabilities, finding that they preclude him from securing or following substantially gainful employment.

The Board has decided to remand the case due to insufficient medical opinions regarding the relationship between the Veteran's neck disability and his service-connected lumbar strain, as well as whether it is related to active naval service. The case will be returned for further development.

The Veteran's acquired psychiatric disorder, including PTSD and depression, is remanded for a new examination to determine if it is related to service.,The Veteran's headache disorder is remanded for an addendum opinion addressing his in-service head injury and complaints of headaches.

The Board has found that the Veteran's service treatment and personnel records are needed to properly adjudicate his claims. As these records have not been obtained, the Board is remanding the cases for further action.

The Veteran's claim for an initial 50 percent rating for migraines is granted. The Veteran also has other service-connected conditions, but the appeal does not address their effective dates or whether they are related to service.

The Board denied the Veteran's claims for service connection for various conditions, including right knee, left knee, right leg, left leg, muscle disorder, eye disorder, bilateral hearing loss, tinnitus, erectile dysfunction, skin rash disability, chronic pain disorder, and neck disability. The decision also denied reopening of previously denied claims.

The Veteran's claims for service connection for left inguinal hernia surgery and right thumb disability have been withdrawn. His bilateral hearing loss and tinnitus claims are denied, as they did not manifest within one year of discharge or to a compensable degree due to intercurrent causes. The Veteran is granted TDIU based on his combined 100% disability rating.

The Board has decided to remand the Veteran's claims for additional development due to inadequate VA examinations. The case will be returned to the AOJ for further action.

The Board has remanded the claims for entitlement to service connection and increased ratings due to failure of VA examinations scheduled in March 2019. The Veteran's address is unclear, so another attempt at scheduling the Veteran for new VA examinations should be made.

The Board denied service connection for a cervical spine disability and an acquired psychiatric disorder, finding no evidence of such conditions during or related to active service. The claim for an initial evaluation in excess of 10 percent for eczema prior to January 31, 2019 was also denied.