Neck / cervical spine decisions — 2019

The Board has remanded the Veteran's claims for neck and back disabilities, obstructive sleep apnea, and hypertension due to insufficient evidence regarding their etiology.

The Veteran's claim for a cervical spine disability was not reopened, but his right knee limitation of extension is now granted. The remaining issues related to the Veteran's patellofemoral syndrome of the right knee, right shoulder surgical repair residuals with tendinitis, DDD of the lumbar spine, and right upper extremity scar are remanded for further evaluation.

The Veteran's appeals for service connection for colon cancer, earlier effective dates for the grant of service connection for diabetes mellitus type II and left and right lower extremity peripheral neuropathy, and an earlier effective date for a 40% rating for bilateral hearing loss have been withdrawn.,The claim for reopening of a previously denied claim of service connection for asthma has been granted. The claim for reopening of a previously denied claim of service connection for a psychiatric disorder has also been granted.,Service connection for hypertension has been granted.

The Board dismissed the appeals regarding service connection for various lower back-related disabilities as secondary to other conditions, including neck, shoulder, knee, ankle, and foot disabilities.

The Veteran's degenerative joint disease of the cervical spine is found to be attributable to an injury sustained during service, and thus service connection for this condition is granted.

The Board has remanded the Veteran's claims for service connection due to insufficient information in the VA examinations and the need for additional medical records.

The VA denied compensation for the Veteran's cervical spine surgery due to informed consent being present or a reasonable person would have consented, and no negligence on the part of VA. The continued pain and burning nerve pain were known potential complications.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities on an extraschedular basis for the period prior to July 22, 2014.

The Board denied service connection for lumbar and cervical spine disabilities, finding that the Veteran's current conditions were not related to his active duty service or service-connected disabilities.

The Board has determined that the Veteran's obstructive sleep apnea is secondary to his service-connected disabilities, including hypertension and unspecified trauma and stressor-related disorder. The decision grants service connection for this condition.

The Veteran's claim for service connection for low back disability is reopened, and he is granted a 50% rating for migraine headaches effective January 2, 2013. The effective dates for service connection for migraine headaches and DJD of the cervical spine are set to October 27, 2004.

The Veteran's claim for increased rating of tinnitus has been denied as the maximum schedular rating is already assigned.,Service connection for a low back disability and PTSD have both been denied due to lack of evidence supporting their onset during service or being related to service.

The Board has remanded the Veteran's claims for additional medical opinions to determine if his current disabilities are due to VA treatment, and whether these disabilities were reasonably foreseeable. The TDIU claim is also being remanded.

The Board has remanded the Veteran's claims of service connection for cervical spine, lumbar spine, right knee, left shoulder, and right shoulder disabilities due to outstanding medical records and worker’s compensation records.

The Board has remanded the cases of tinnitus, right shoulder disability, neck disability, back disability, and right knee disability for further development as no VA examiner has provided an opinion on their relationship to service.

The appeal for service connection for a left shoulder disorder, arthritis of the cervical spine, and bursitis of the left heel has been dismissed due to the appellant's withdrawal of the appeal.

The Board has granted service connection for an acquired psychiatric disorder, diagnosed as anxiety and depression, secondary to the Veteran's service-connected orthopedic disabilities. The appeal is dismissed for all other issues.

The Veteran's PTSD is rated at 70 percent since September 26, 2012, to June 28, 2016. The claim for service connection of a back disability and cervical spine disability has been granted.

The Board has granted service connection for cervical spine degenerative disc disease (DDD) with spondylosis, finding that the Veteran's current diagnoses are related to his military service and resolving all doubt in his favor.

The Board has reopened the claim for service connection for a low back disability due to new and material evidence. The claims of service connection for right testicular, cervical spine, right ankle, and right leg muscle atrophy disabilities are remanded for additional development.