Neck / cervical spine decisions — 2020

The Board has granted service connection for low back disability, right hip disability, and right ankle disability. The remaining issues of service connection have been remanded.

The Veteran's request to reopen his previously denied claims for service connection for hypertension, PTSD, depressive disorder, a cervical spine disability, residuals of face and eye burns, and chloracne is granted. The claims are remanded for further development.

The Veteran's claims for service connection related to jet fuel exposure, ulcer, bladder cancer, cervical disease, dysmenorrhea (also claimed as menstrual stress), strep throat, mononucleosis, septicemia, and miscarriages have all been denied due to the absence of a current disability. The Veteran was granted an initial 100 percent rating for her unspecified trauma and stressor related disorder with depression.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to non-compliance with previous directives.

The Board has determined that the Veteran requires regular aid and attendance due to his service-connected disabilities, including sleep apnea, adjustment disorder with mixed emotional features, left knee arthritis, right shoulder arthritis, lumbar spine strain, cervical spine strain, hiatal hernia, left elbow dislocation, hypertension, hemorrhoids, post laceration of the right thigh with residual scar, and right shoulder surgical scar associated with right shoulder arthritis. As a result, special monthly compensation based on aid and attendance is granted.

The Veteran's cervical and lumbar strain conditions are each rated at 10 percent, but the Board finds that these evaluations do not meet the criteria for higher ratings under the General Rating Formula for Diseases and Injuries of the Spine.,For her knee, ankle, shoulder, hip, and urinary tract infection conditions, the Veteran's current evaluations remain unchanged as they are all rated at 10 percent.

The Veteran's initial claim for higher ratings for cervical spine disability was denied. The current rating of 30 percent is maintained as of November 24, 2015.

The Board has remanded the claims for service connection for a right knee disorder, left knee disorder, cervical spine disorder (including degenerative arthritis), and gout due to duty to assist errors in obtaining relevant medical records and VA examinations.

The Board has determined that there were errors in the duty to assist and remands the cases for further development.

Service connection is granted for PTSD. Service connection is denied for cervical spine disability, bilateral shoulder disability, and bilateral knee disability. The claims for service connection of the bilateral shoulder and bilateral knee disabilities are remanded.

The Veteran's appeal to reopen his claim of service connection for a left knee disability is granted. The claims for psychiatric, right and left CTS, cervical spine, and low back disabilities are remanded due to the need for additional evidence or examination.

The Veteran's service-connected disabilities did not preclude him from securing and maintaining a substantially gainful occupation, thus his claim for TDIU was denied.

The Veteran's claims for higher ratings for his service-connected cervical spine, right shoulder tendonitis, and left shoulder tendonitis are being remanded due to inadequate medical examinations in the previous decision. The Board requires new VA examinations to assess the severity of the disabilities during flare-ups and following repetitive use.

The Board has remanded the Veteran's claims for low back disability, neck disability, headaches, shrapnel wound to the face, tailbone condition, neurological impairment of upper and lower extremities, left shoulder disability, and dental disability due to service connection. The reasons include lack of documented treatment in some cases, need for new examinations, and potential service connection based on a motor vehicle accident.

The Board has granted effective dates of October 2, 2003 for increased ratings of 30% for cervical spondylosis and 40% for lumbar strain with spondylosis.,It is determined that the Veteran's conditions first manifested their current severity on or about October 2, 2003.

The Board has remanded the Veteran's claims for low back, right shoulder, neck, and bilateral hip disabilities due to inadequate VA examinations. The cases are now pending for further development.

The Veteran's appeal is being remanded due to incomplete examinations and the need for additional medical records. The issues of service connection are being reviewed, as well as initial disability ratings.

The Veteran withdrew all of his claims, including those related to service connection for various disabilities and initial ratings.

The Board has remanded the cases for further action due to insufficient evidence and to consider whether a TDIU prior to March 15, 2013 is warranted on an extraschedular basis.

The Board has remanded the Veteran's claims for lumbar and cervical spine disabilities due to non-compliance with prior remand directives, specifically regarding the need to obtain VA employee personnel records and provide an addendum opinion considering lay statements.