Neck / cervical spine decisions — 2020

The Veteran's cervical spine disability was rated at 10% prior to December 10, 2015. From December 10, 2015 to November 26, 2019, the Veteran's disability warranted a 30% rating due to limited forward flexion of the cervical spine.

The Board has denied the Veteran's claims for service connection for cervical spondylosis, degenerative and radiculopathy with osteophyritis and back condition due to lack of new and relevant evidence.,The Board also denied the Veteran's claims for service connection for bladder cancer, coronary artery disease, and prostate cancer as there was no new and relevant evidence submitted.

The Board has remanded the Veteran's claims for service connection due to insufficient medical evidence and the need for updated examinations.

The Veteran's cervical spine disability was not more nearly manifested by forward flexion limited to 15 degrees or less, and the thoracolumbar spine disability was not more nearly manifested by forward flexion limited to 30 degrees or less during the periods of appeal.,The Veteran's cervical spine disability did not meet the criteria for a higher rating as it did not show forward flexion of 15 degrees or less, or favorable ankylosis of the entire cervical spine. The thoracolumbar spine disability was also not more nearly manifested by forward flexion limited to 30 degrees or less.

The Board has remanded several claims for additional evidence, including private treatment records from the Veteran's healthcare providers. The Veteran is advised to provide authorization forms for these records.

The Veteran's headaches were granted a 50% disability rating effective September 28, 2017. However, his TDIU claim was denied as he is not unemployable due to service-connected disabilities.

The Veteran is entitled to an earlier effective date of April 14, 2008 for a TDIU due to her service-connected disabilities and inability to secure or follow substantially gainful employment.

The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected right shoulder strain, left shoulder strain, cervical spine strain and thoracic spine strain. The decision is based on the opinion of a private provider and the testimony of the Veteran's wife.

The Board has granted service connection for a neck disability, finding that the Veteran's in-service injury and continuous complaints of neck pain since service support a finding of service connection.

The Board dismissed the appeals for service connection and evaluation of the Veteran's neck disability, bilateral upper extremity radiculopathy, and healed fracture of left lateral malleolus with osteoarthritis as there was no substantive appeal filed.

The Veteran's service connection claim for a left shoulder disability, diagnosed as left AC joint osteoarthritis, is granted. The rating for his cervical spine disability remains at 10 percent prior to March 18, 2019 and 20 percent thereafter.

The Board has found entitlement to a TDIU granted as of May 1, 2007. The claim for TDIU prior to May 1, 2007 is still on appeal and must be considered under the criteria set forth in 38 C.F.R. § 4.16 (b).

The Board denied service connection for back/thoracic spine, neck/cervical spine, and left shoulder disabilities due to a lack of evidence linking these conditions to the Veteran's military service.,There are no clinical records or personnel records indicating any complaints or diagnoses related to these disabilities prior to many years after the Veteran's separation from service.

The Board has remanded the claims for service connection for various conditions, including degenerative disc disease of the cervical spine, left ankle fracture residuals, heart murmur, hypertension, osteoarthritis neck and shoulder, proteinuria (claimed as a kidney disease), right foot condition, actinic keratosis, and disability claimed as actinic keratosis. The claims are remanded due to unclear duty status during service.

The Veteran's service-connected disabilities render him unable to obtain or maintain substantially gainful employment, and the Board has granted a TDIU based on these conditions.

The Veteran's claims for service connection are being remanded due to the need for additional medical opinions and treatment records.

The Veteran's claim for service connection for a cervical spine condition was reopened due to the submission of new and material evidence. The Board found that his cervical spine condition is related to his active duty service.,Service connection has been granted for PTSD with an effective date set at March 10, 2011.

The Veteran's left ankle sprain is granted service connection.,Service connection for the Veteran's left shoulder dislocation injury (now diagnosed as degenerative arthritis) is denied.

The Veteran's claims for hearing loss, cervical spine disability, bilateral shoulder disabilities, bilateral elbow disabilities, bilateral wrist disabilities, and bilateral hip disabilities are being remanded due to the need for additional medical examinations.

The Board dismissed the claims of service connection for back, neck, bilateral plantar fasciitis, right knee, and left knee disabilities due to an improper Substantive Appeal submitted by the Veteran's representative.