Neck / cervical spine decisions — 2019

The Board has remanded the Veteran's claims for additional development due to inadequate examination reports. The VA examiner was not able to provide specific degrees of motion in each state and did not estimate the additional loss of range of motion upon flare-ups.

The Board denied service connection for a back disability and a neck disability, finding that the Veteran's conditions did not occur during his active duty service or were permanently aggravated by his Reserve training. The evidence showed that the Veteran had pre-existing injuries from an automobile accident in 1993 which worsened after he attended Reserve training in 1994.

The Veteran's COPD was not incurred in or aggravated by service, and the Board denied service connection for this condition.,For the whole period on appeal, radiculopathy caused moderate incomplete paralysis of both upper extremities. The Veteran received a rating of 40 percent prior to March 5, 2019 for right upper extremity radiculopathy and a rating of 30 percent after that date for left upper extremity radiculopathy.,The Veteran's cervical spine disability was rated as 10 percent before March 5, 2019 and 30 percent thereafter. The Board found no evidence to warrant higher ratings based on the severity of symptoms.,Migraine headaches were not manifested by very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability.

The Veteran's claims for earlier effective dates and initial ratings have been denied. The Board found that the criteria for an earlier effective date were not met, as the effective date assigned was the day following discharge from service. For other issues, no higher rating could be assigned based on current evidence.

The Veteran's appeals for various conditions were dismissed due to their death.

The Veteran's migraines associated with degenerative intervertebral disc cervical spine are now rated at 50 percent effective August 16, 2002. The restoration of a 20 percent rating for his service-connected status post compression fracture T8 and T9 with minimal scoliosis is also granted from the date of reduction (June 1, 2015).

The Board has determined that the reduction of the rating for cervical and lumbar spine DDD from 30 percent to noncompensable was improper, and the prior rating must be restored.

The Veteran's left knee tendonitis is granted as service-connected. The Board also found that the Veteran likely incurred multiple joint disabilities during his active duty, including shoulder, back, neck, and ankle issues, but did not find a direct link to service.

The Veteran's service-connected disabilities do not prevent him from securing and following substantially gainful employment.

The Veteran's cervical strain and thoracolumbar strain have been rated at 20 percent since December 23, 2009. The Board finds that the evidence does not support a higher rating for either condition.,The Veteran has service-connected rheumatoid arthritis which contributes to his symptoms of neck pain and back pain.

The Board has decided to remand the Veteran's claims for cervical strain, bilateral hearing loss, and bilateral tinnitus due to a lack of nexus opinions regarding service connection. The case must be returned for further examination and opinion.

The Board denied service connection for a neck disability and a back disability, finding that the Veteran's current disabilities are not related to his active service.

The Veteran's claims for service connection for a neck disability and bilateral hearing loss have been granted, resulting in the dismissal of these issues.,The Veteran's claim for service connection for hypertension has been remanded due to incomplete information and need for further examination.

The Board has granted service connection for chronic kidney disease, right shoulder arthritis, and cervical spine arthritis as secondary to the Veteran's service-connected knee disabilities. The Veteran is also awarded special monthly compensation on account of need for regular aid and attendance.

The Board denied service connection for various knee, elbow, and hand disabilities, as well as a lumbar and cervical spine disability. The claim for left knee disorder was reopened due to new evidence, but the other claims were denied.

The Board has remanded several issues related to the Veteran's service connection claims, including for increased ratings and new evidence. The Veteran is also being asked to provide National Guard records and updated VA treatment records.

The Veteran's cervical spine condition, low back condition, major depressive disorder, and generalized anxiety disorder are all granted. The rating for the psychiatric conditions is increased to 70 percent.

The Veteran's appeals for earlier effective dates were denied as the evidence did not show that he met the regulatory criteria for a higher rating prior to May 30, 2017.

The Board has determined that the Veteran's cervical spine disability did not manifest during service and is not shown to be causally or etiologically related to an in-service event, injury or disease. The Board also found insufficient evidence to determine if the Veteran's brain aneurysm was caused by his service-connected PTSD.

The Veteran's initial rating for migraine headaches is granted at a 30 percent level, effective October 8, 2008. The appeal for the cervical spine scar was dismissed as the Veteran withdrew his appeal.