Neck / cervical spine decisions — 2020

The Veteran's cervical spine disability is currently rated at 10 percent prior to September 30, 2008 and at 20 percent thereafter. The thoracic spine disability is rated at 10 percent prior to January 15, 2020 and at 20 percent thereafter. The right shoulder disability is rated at 20 percent prior to May 5, 2017 and at 30 percent thereafter. The left shoulder disability, right knee, and left knee disabilities are all rated at 20 percent.,The Veteran's cervical spine disability was found to have forward flexion of the cervical spine limited to 25 degrees with no additional loss during flareups or after a repeated use over periods of time, not as severe as 15 degrees or less. The thoracic spine disability had forward flexion limited to 60 degrees at worst and no ankylosis was found. The right shoulder disability had abduction limited to 40 degrees at worst and flexion limited to 75 degrees at worse. The left shoulder, right knee, and left knee disabilities were all rated based on their respective limitations.,The Veteran's allergic rhinitis has not been manifested by polyps, greater than 50 percent obstruction of the nasal passage on both sides, or complete obstruction of the nasal passage on one side.

The Board granted service connection for chronic cervical strain, finding that the Veteran's pre-existing neck pain clearly and unmistakably existed prior to his active duty but was not aggravated by service. Service connection for scoliosis was denied as there is no evidence of its onset during a period of ACDUTRA or active duty.

The Board denied service connection for various conditions, including gunshot wounds, hearing loss, tinnitus, joint diseases, and disabilities of the elbows, shoulders, wrists, ankles, knees, lumbar spine, cervical spine, esophageal cancer, skin disorders, heart issues, respiratory problems, and memory loss. The decision was based on a lack of evidence linking these conditions to service.

The Board has decided to remand the cases of a recurrent cervical spine disability and a recurrent thoracolumbar spine disability due to insufficient evidence regarding their etiology.

The Veteran's service-connected cervical spine disability, disc disease and traumatic arthritic changes are due to injuries sustained during his military service.

The Board denied service connection for a cervical spine disorder, finding that the evidence did not support a link between the condition and service or a service-connected disability. The claim was remanded to obtain an addendum opinion regarding secondary service connection.

The Board dismissed all appeals due to the Veteran's request for withdrawal of his appeals prior to a decision being made.

The Veteran withdrew all issues on appeal, including service connection and increased rating claims for PTSD, back disability, cervical spine disability, sleep apnea, and prostate cancer. As a result, the Board has dismissed these appeals.

The Board denied the Veteran's claims for service connection for cervical DDD, finding that it is not caused or aggravated by his service-connected chronic lumbar fibromyositis and there is no evidence of a current injury in service. The decision also found insufficient medical nexus to establish direct service connection.

The Board denied service connection for back, neck, and left shoulder disabilities, finding that the evidence did not support a link to service or any other basis.

The Board has remanded the Veteran's claims for service connection due to incomplete records and need for further medical examinations. The issues include cervical spine disorder, lumbar spine disorder, right elbow disorder, and respiratory disorder.

The Board has remanded the Veteran's claims of service connection for cervical spine, left ankle, right ankle, and right heel disabilities due to inadequate medical opinions in previous examinations.

The Veteran's neck disability, diagnosed as cervical degenerative disc disease, had its onset during service and is related to service. Service connection for this condition is granted.

The Board has granted service connection for degenerative arthritis of the lumbar spine and cervical spine, finding that these conditions had their onset during active duty service.

The Board denied service connection for degenerative arthritis of the cervical spine and dismissed the appeal regarding skin tags and warts. The issues of service connection for a respiratory disorder, sinusitis, and rhinitis are remanded.

The Board has remanded the Veteran's claims for service connection for various conditions, including low back, neck, knee, arthritis, and skin disabilities. The issues are being returned to obtain additional records and medical opinions.

The Veteran's service-connected disabilities, including PTSD, have prevented him from securing or following gainful employment prior to September 17, 2009. An effective date of February 13, 1981 for the grant of service connection for PTSD is granted.

The Veteran's low back and upper back disabilities are found to be related to his active service, while the skin condition is not. The Board has granted service connection for these conditions.

The Board has remanded the Veteran's claims for increased ratings and SMC based on need for aid and attendance, loss of use of buttocks, loss of use of legs, and loss of use of hands. The claims are also remanded to obtain VA medical records and employment history information.

The Veteran's cervical and lumbar spine disabilities are rated at the maximum allowable under VA regulations, with a separate rating for radiculopathy of both lower extremities. The Veteran is granted a TDIU effective December 03, 2018.