Neck / cervical spine decisions — 2020

The Veteran's tinnitus is granted as incurred in service. The cervical spine and bilateral hearing loss disabilities are remanded for additional development.

The Board has decided to remand the Veteran's claims for additional development due to incomplete medical records and need for new evaluations of his neck disability.

The Board has reopened the claims for service connection for a low back disability, cervical spine disability, and plantar fasciitis with heel spurs, bilateral feet. The claim for a low back disability is granted.

The Veteran's appeals for increased ratings and service connection were denied. The decision also noted that some of the issues are related to a service-connected lumbar spine disorder, but these secondary claims have not been granted.

The Board has found that there was not substantial compliance with the January 2020 remand order and thus, the claims for service connection are being remanded to obtain a new VA opinion regarding whether the Veteran's secondary disabilities were aggravated by his service-connected right knee disability.

The Veteran's fracture of the L3 transverse process is rated at 20 percent. Service connection for other conditions, including a separate lumbosacral spine disability and peripheral vascular disabilities, are denied. Other service-connected issues remain pending.

The Veteran's claim for service connection for a neck or cervical condition has been reopened and granted.,Service connection was denied for bronchitis and viral upper respiratory infection, as these conditions were not shown to be related to service.

The Veteran's service connection for degenerative changes of the cervical spine is granted. The appeals for left hip disorder, cervical radiculopathy, and right hip strain are remanded.

The Veteran's appeal for increased ratings regarding migraine headaches, cervical spine disorder, and right shoulder disorder has been dismissed as the Veteran withdrew his appeal.

The Board has remanded the Veteran's claims for service connection and increased ratings due to insufficient opinions regarding aggravation of his knee disabilities by his cervical spine and low back disabilities, as well as insufficient opinions on whether his psychiatric disorders are related to his knee disabilities.

The Veteran's service-connected disabilities, including PTSD and sleep apnea, have rendered him unable to secure or maintain gainful employment for the period from November 20, 2014 to September 24, 2015. The Board has granted TDIU based on this evidence.

The Board has remanded the claims for service connection due to new and material evidence having been submitted. The lumbar and cervical spine disabilities are being reviewed again.

The Board denied service connection for cervical spine disorder and right hip disorder, including as secondary to the service-connected right ankle disability. The claims were based on direct service connection.

The Board has denied the Veteran's request for an increased rating for his service-connected left shoulder subluxation and has remanded the issue of service connection for a cervical spine disability, which is secondary to his service-connected shoulder disabilities. The case must be returned to VA to attempt to obtain records from Silas B. Hayes Army Hospital in California where the Veteran was hospitalized during the 1980s.

The Board has granted a TDIU effective May 31, 2017, finding that the Veteran's service-connected disabilities prevented him from securing or following gainful employment.

The Veteran's service-connected cervical spine disability was not manifested by forward flexion to 15 degrees or less, or ankylosis. Therefore, the initial rating higher than 20 percent for the cervical spine disability is denied.

The Board dismissed the appeals because the Veteran's representative requested to withdraw all his appeals before the decision was made.

The Board has granted service connection for an acquired psychiatric disorder as secondary to frostbite residuals of the bilateral lower extremities and for a cervical spine disability, including cervical spondylosis and cervical fusion with degenerative arthritis.

The Board has granted service connection for OSA, but the issues of PTSD and fatty organs are remanded due to incomplete records and need further investigation.

The Veteran's claims for increased evaluations and extraschedular considerations are being remanded due to the need for additional development, including obtaining medical records and scheduling VA examinations.