Neck / cervical spine decisions — 2020

The Veteran's TDIU claim was granted effective September 20, 2018, based on his service-connected disabilities resulting in a combined rating of 90 percent.

The Board has denied service connection for a sleep disorder, left ear hearing loss disability, and right ear hearing loss disability. The claims of entitlement to a compensable rating for tension headaches, thoracolumbar spine disability (claimed as an upper back disability), and neck disability are remanded.

The Board denied the Veteran's claim for an earlier effective date for TDIU, finding that entitlement did not arise prior to April 8, 2014. The decision states there is no lay or medical evidence showing the Veteran was unable to obtain or maintain substantially gainful employment due to his service-connected disabilities before this date.

The Board has granted the Veteran's claim for service connection for a neck disability and upper back disability as secondary to his service-connected post-operative resection of right clavicle. The decision is based on medical opinions that link these disabilities to the service-connected condition.

The Board denied the Veteran's claims for service connection for various disabilities, including bilateral foot, leg/knee, hip, headache, psychiatric, lumbar spine, and cervical spine disabilities. The evidence did not support a finding that these conditions began during service or were related to in-service events.

The Board has remanded the cases for additional development due to incomplete service treatment records and the need for medical opinions regarding the etiology of the veteran's cervical and lumbar spine disabilities. The claims for bilateral hearing loss disability and tinnitus remain denied.

The Veteran's appeals for increased ratings on multiple service-connected disabilities have been dismissed as the Veteran has withdrawn his appeals.

The Board has remanded the cases for further development and to obtain an addendum opinion regarding the etiology of the Veteran's cervical spine disability, as well as his claims for SMC based on aid and attendance or housebound status. The claims are intertwined with the pending service connection claim.

The Board has remanded the case due to insufficient evidence regarding the etiology of the Veteran's neck disability, specifically whether it is related to service. The examiner needs to provide a reasoned medical opinion considering the available records and lay statements.

The Board has decided to remand the case due to insufficient compliance with previous remand directives, specifically regarding a VA medical opinion that did not address the Veteran's testimony about an in-service fall and its relation to his current neck disabilities.

The Veteran's lumbar spine disorder is granted service connection. The bilateral foot and cervical spine disorders are remanded for further development.

The Board has remanded the Veteran's claims for hypertension, cervical spine disorder, left elbow disorder, skin grafts to 24 percent of the body form burns, and skin disorder of the lower back due to incomplete information regarding his periods of active duty.

The Veteran's spine conditions are being remanded for additional evaluations and consideration of his TDIU claim due to the inextricability between these issues.

The Veteran's cervical spine disability is currently rated at 20 percent, and the Board finds that a higher rating is not warranted.,The Veteran's left upper extremity radiculopathy is currently rated at 30 percent, and the Board finds that a higher rating is not warranted.

The Board has remanded the case due to insufficient information regarding whether the Veteran requires aid and attendance of another person or if he is housebound due to his service-connected disabilities. The VA must obtain an addendum from a medical examiner to provide specific findings on these issues.

The Board has remanded the Veteran's claims for a cervical spine disability and gastrointestinal disability (IBS and gastritis) due to asbestos and herbicide exposure. The claims will be reviewed again with additional evidence and medical opinions.

The Board has remanded the Veteran's claims for an evaluation in excess of 20 percent for his cervical spine disability, service connection for radiculopathy of the right upper extremity secondary to his cervical spine disability, and TDIU due to his disabilities.

The Veteran's cervical spine disability is granted as secondary to her service-connected lumbar spine disability.,A rating in excess of 40 percent for the Veteran’s lumbar spine disability, effective December 13, 2019, is denied.

The Veteran's cervical spine disability is now rated at 30 percent, effective February 17, 2020. His low back disability remains rated at 20 percent.

The Veteran's claim for a total disability rating due to individual unemployability (TDIU) was denied as his service-connected disabilities do not meet the percentage requirements for a schedular TDIU, and there is no evidence of an extraschedular TDIU.