Neck / cervical spine decisions — 2019

The Veteran's claims for neck and low back disabilities were denied due to lack of a medical link to service. The claim for bilateral cubital tunnel syndrome was remanded as the VA examiner did not clearly address whether it is related to the service-connected elbow contusion.

The Board has remanded the Veteran's claims for service connection due to incomplete records and potential conflicts in medical opinions. The Veteran will need a supplemental VA examination to determine the nature and etiology of any psychiatric disorder.

The Board has decided that the Veteran's claims for service connection of a left shoulder disability, right knee disability, and neck disability are remanded due to insufficient evidence. The TDIU claim is also remanded as there is uncertainty about the Veteran's current employment status.

The Board has remanded the Veteran's claims for service connection for various spine and shoulder disorders due to incomplete or conclusory opinions in the previous VA examination.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim for service connection of a left shoulder disability. However, the claim remains denied as there is insufficient evidence to establish a nexus between the current condition and his period of service.

The Board has remanded the claim of entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) prior to January 30, 2015. The issues of service connection for a cervical spine disorder, arthritis of the left hand, and diabetes mellitus are currently in remand status at the AOJ.

The Board has dismissed the claims for service connection due to the Veteran's death.

The Veteran's service-connected orthopedic disabilities rendered him unable to secure or maintain substantial gainful employment for the period from June 10, 2015 through March 21, 2018. As his combined evaluation during this period was at least 90 percent, which is sufficient to meet the criteria for a TDIU, the claim is granted.

The Veteran's cervical spine disability is currently rated at 10 percent disabling. The Board has determined that a remand is necessary to obtain updated medical evidence and conduct a new VA examination to assess the current severity of her service-connected DDD.

The Veteran's claim for a higher rating for IVDS of the cervical spine is denied as his disability does not meet the criteria for a 30 percent evaluation under the general formula for diseases and injuries of the spine.

The Board has decided to remand the Veteran's claims for cervical spine disability and tremors, including Parkinson's disease, as secondary to his service-connected TBI. The claims will be reviewed again with a focus on obtaining medical opinions regarding the nature and etiology of these conditions.

The Board has denied the Veteran's claims of service connection for shoulder disability, neck disability, back disability, cardiovascular disability, and diabetes mellitus. The evidence does not support a finding that any of these conditions were incurred or aggravated by military service.

The Board has remanded the Veteran's claims for service connection and higher ratings due to incomplete records, including missing STRs and audiometric test results. The Veteran is also required to provide additional private treatment records.

The Veteran's appeal for a higher evaluation for cervical spine disability has been dismissed due to her withdrawal of the appeal.

The Board has remanded the Veteran's claims of service connection for back, cervical spine, and bilateral knee conditions due to insufficient evidence regarding their etiology. An examination is needed to determine if these conditions are related to his military service.

The Veteran's prostate cancer is being remanded for an addendum opinion. The increased rating for right lower extremity sciatica and TDIU prior to September 7, 2010 are also being remanded.

The Veteran's use of Menthol/M Salicylate topical cream for arthritis pain is not eligible for a clothing allowance as it was not prescribed for a skin condition due to any service-connected disability.,The Veteran’s back brace, which she uses for her service-connected DDD of the low back, does not qualify for a clothing allowance because it is made of soft material and does not cause wear or tear on clothing.

The Board has remanded the case for further development and examination to determine the nature and etiology of the Veteran's neck disability, as well as the current level of severity of her low back disability and left knee disability. The issues on appeal include service connection for a neck disability, increased ratings for a low back disability, and an initial rating for a left knee disability.

The Veteran's appeal for service connection of a cervical spine disability has been dismissed due to the Veteran's death.

The Veteran's current disability of degenerative arthritis of the cervical spine and invertebral disc syndrome with associated bilateral upper extremity radiculopathy is related to his active duty service. The claim for an acquired psychiatric disorder, to include bipolar disorder, is remanded.