Neck / cervical spine decisions — 2020

The Veteran's claim for an increased rating in excess of 30 percent for his service-connected cervical spine disability is being remanded due to a pre-decisional duty-to-assist error.

The Board denied the Veteran's claims for service connection for a back disability and a neck disability, finding no causal relationship between these conditions and his military service.

The Board has decided to remand the Veteran's claim for a rating in excess of 30 percent for cervical neuropathy, associated with TMD due to inadequate examination reports and failure to address flare-ups.

The Board has granted service connection for left elbow epicondylitis, cervical degenerative joint disease, lumbar degenerative disc disease, right ankle degenerative arthritis, and right knee chondromalacia as secondary to the Veteran's service-connected fibromyalgia.,Giving the Veteran the benefit of the doubt, the Board found that his service-connected fibromyalgia aggravated each of these conditions.

The Board has remanded the case for further consideration due to inadequate statements of reasons or bases in the October 2017 decision regarding the Veteran's cervical spine DDD at C4-C7. The remand requires a retrospective medical opinion quantifying any functional loss of motion during flare-ups prior to April 18, 2017.

The Board has remanded the case due to insufficient development of evidence regarding the Veteran's neck disability, specifically whether it is related to his service-connected OSA or if it was incurred in service. The VA must obtain medical records and provide an addendum opinion from a clinician.

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

The Veteran's cervical spine disability is rated at 30 percent since August 10, 2010. The Board found that the Veteran’s symptoms more closely approximated a limitation of forward flexion to 15 degrees or less.

The Board has previously found that the Veteran's service-connected disabilities may warrant SMC for aid and attendance. However, a remand is required to determine if he meets the criteria for such benefits due to his need for regular aid and assistance.

The Veteran's left cervical and trapezius myositis was rated at 10 percent prior to January 22, 2020, and at 20 percent thereafter. The Veteran does not meet the criteria for a higher rating under any applicable diagnostic codes.,Service connection for fibromyalgia is denied as there is no medical evidence linking the condition to service.

The Board has decided to remand the cases for further development and consideration, including obtaining records of inpatient treatment at Wurzburg Hospital and providing an addendum opinion regarding the Veteran's neck disability. The issues are intertwined with a temporary total evaluation based on convalescence required for a service-connected disability.

The Board has remanded the Veteran's claims for cervical spine degenerative arthritis, tension headaches, and scars of the bilateral shoulders and knees due to incomplete records and need for additional examinations.

The Board has remanded the claims for a heart disability, hypertension, skin disability, and cervical disability due to service connection issues.,The Board has also remanded the claim for TDIU due to service-connected disabilities.,

The Board has remanded the Veteran's claims for cervical spine, back, bilateral shoulder, bilateral knee, and bilateral hip disabilities, as well as service connection for migraines and irritable bowel syndrome (IBS). The claims are being returned to the RO for further development.

The Veteran's chronic cervical strain is rated at 20 percent since December 17, 2015. The Board finds that a higher rating is not warranted.

The Veteran's claim for service connection for migraines has been granted. The claims for hearing loss, tinnitus, and bilateral lower extremity varicose veins remain denied as new and material evidence was not submitted.

The Veteran's claims for service connection and increased ratings are being remanded due to the need for further development, including VA examinations.

The Veteran's appeals for PTSD, neck disability, and heart disability have been dismissed due to the death of the appellant.

The Veteran's applications to reopen previously denied claims of entitlement to service connection for bilateral hearing loss and a cervical spine disorder have been granted. The claim for an initial rating in excess of 20 percent for lumbosacral strain with degenerative changes of the lumbar spine remains pending.,Service connection has been established for bilateral hearing loss, a cervical spine disorder (secondary to service-connected lumbosacral strain), and lumbosacral strain with degenerative changes of the lumbar spine.

The Board has vacated the July 6, 2020 decision that denied service connection for left knee disability, bilateral hip arthritis, arthritis of the lumbar spine, and arthritis of the cervical spine due to a lack of due process.