Neck / cervical spine decisions — 2019

The Board dismissed the Veteran's appeal regarding the reduction in disability rating for prostate cancer and denied his request to restore SMC at the housebound rate due to lack of a single 100% rated disability.

The Veteran's claims for service connection for a cervical spine or neck disability and low back disability, as secondary to a service-connected knee condition are denied. The VA has ordered additional examinations and remanded the cases for further evaluation.

The Board has granted service connection for thoracolumbar strain with degenerative joint and disc disease and right leg sciatica as secondary to the thoracolumbar disability. The cervical spine disability and bilateral hearing loss claims have been withdrawn.

The Veteran's claim for service connection of mild degenerative joint disease with degenerative disc disease of the lumbar spine was denied. The effective date for the award of service connection for a cervical spine disability is September 1, 1996. The Veteran's left upper extremity radiculopathy and right upper extremity radiculopathy are associated with his service-connected cervical spine disability. Service connection for glaucoma has been granted.

The Board has dismissed the Veteran's appeals for left upper extremity disability and cervical spine disability due to the appellant's withdrawal of the appeal.

The Veteran was granted a total disability rating based on individual unemployability (TDIU) prior to November 29, 2011 due to service-connected disabilities.

The Veteran's claim for service connection for cervical spine degenerative disc disease was granted with an effective date of August 27, 2002. The Board found that the earliest date on which a claim to reopen could be considered is August 27, 2002.

The Board has remanded the Veteran's claims for service connection due to a lack of entrance examination records and to obtain an opinion on whether her cervical spine disability is related to or aggravated by service, as well as whether it is secondary to her service-connected thoracolumbar spine and right ankle disabilities. The issues are inextricably intertwined.

The Veteran's initial rating for cervical spine disability from December 4, 1994 to March 23, 1997 was granted at a 10 percent level. The appeal is denied for higher ratings throughout the period on appeal.

The Board denied service connection for a neck disability and headaches, finding that the evidence did not support a link between these conditions and active duty service.,Service connection was also denied for a low back disability, with the examiner concluding that it is less likely than not related to in-service injury.

The Board has decided to remand the case due to insufficient consideration of the Veteran's lay statements regarding his neck injury during service. Additional evidence is needed, including private and VA treatment records, and an addendum opinion from a VA clinician.

The Veteran's degenerative arthritis of the cervical spine is granted as service connection due to in-service motor vehicle accident.,Service connection for fatigue due to an undiagnosed illness during active duty in Southwest Asia is granted. The Veteran has experienced continuous fatigue symptoms since service.,Residuals of traumatic brain injury (TBI) are denied, with the opinion that memory loss is more likely related to posttraumatic stress disorder.

The Veteran's service-connected disabilities have rendered her unable to obtain and maintain substantially gainful employment, leading to a TDIU. The case is remanded for further development regarding the glaucoma rating.

The Veteran's claims for increased ratings for her service-connected left hip, cervical spine, and right ankle conditions are remanded due to the need for additional examinations to assess current severity.

The Board has remanded the Veteran's claims for increased ratings for service-connected patellofemoral syndrome (including degenerative joint disease) of the bilateral knees and strain of the cervical spine due to inadequate examinations in February 2018.

The Veteran's hypertension is granted a 10 percent evaluation, and the cervical spine disability claim for service connection is denied.

The Veteran's service connection claims for cervical spine and lumbar spine disabilities have been denied. His diabetes mellitus with erectile dysfunction has been granted a 20 percent rating effective April 2, 2013. The Veteran's peripheral neuropathy of the upper and lower extremities have not met criteria for higher ratings.

The Veteran's back and neck disabilities are rated at the maximum available rating of 20 percent each, with no higher ratings granted.,The Veteran's radiculopathy in both upper extremities is rated at the maximum available rating of 70 percent for the right side and 60 percent for the left side.

The Veteran's hypertension is granted a 10% rating. The claim for service connection of cervical spine disability and PTSD has been reopened, but the claims are denied. Service connection for respiratory disability is remanded due to insufficient evidence.

The Board denied the Veteran's claims for earlier effective dates for service connection awards due to a lack of evidence supporting an earlier date.