Neck / cervical spine decisions — 2020

The Veteran's claim for cervical dysplasia was denied as there is no current disability within the appellate period.,An initial compensable disability rating for service-connected pityriasis versicolor and an updated VA examination are required to determine the severity of this condition.

The Board has remanded several issues related to the Veteran's service-connected disabilities, including evaluations for degenerative joint disease of the thoracolumbar and cervical spines, bilateral hearing loss, migraine headaches, right and left carpal tunnel syndromes, and left arm numbness. The Veteran is also seeking service connection for these conditions.

The Board has dismissed the appeals for service connection of arthritis of the cervical spine, arthritis of the lower back, bilateral upper extremity osteoarthritis, and bilateral lower extremity osteoarthritis as the Veteran withdrew his appeal prior to a decision.

The Veteran's claims for service connection of neck and hip disabilities are being remanded due to the need for additional medical records and examinations.

The Board has remanded several issues related to the Veteran's service connection claims, including cervical condition, left foot injury, hypertension, sleep apnea, skin condition, and acquired psychiatric condition. The AOJ is instructed to obtain medical records, attempt to corroborate in-service stressors, and arrange for VA examinations.

The Veteran's service-connected disabilities do not prevent her from obtaining and maintaining a substantially gainful occupation.

The Board has remanded the Veteran's claims for service connection for bilateral shoulder and elbow disabilities, as well as a higher rating for mechanical low back pain syndrome. The cervical spine disability is also addressed in the remand.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for additional examinations. The issues include PFB, lumbar and cervical neck disabilities, OSA, hypertension, and pes planus.

The Board denied the Veteran's claims for service connection for a cervical spine disability, finding that there was no evidence of a direct relationship to service and insufficient evidence linking any current condition to his service-connected left knee disability.

The Veteran's migraine headaches are rated at the maximum schedular rating of 50 percent, which is the highest available. The VA examiner found that the Veteran’s migraines meet the criteria for a 50 percent evaluation due to their very frequent and prolonged attacks.,For cervical spine strain with mild spondylotic changes, the Veteran's condition is currently rated at 10 percent. The VA examination indicated that the Veteran does not have forward flexion of the cervical spine greater than 15 degrees or combined range of motion not greater than 170 degrees, which are required for a higher rating.

The Board has remanded the case due to insufficient consideration of the Veteran's lay statements regarding his neck injury and its relationship to service.

The Board has dismissed all issues of service connection due to the appellant's withdrawal request prior to the promulgation of a decision.

The Veteran withdrew his appeal concerning multiple conditions and disorders, including right lower extremity radiculopathy, left lower extremity radiculopathy, right shoulder disability, cervical spine disorder, left shoulder disorder, and left upper extremity numbness.

The Veteran's claims for service connection for a left shoulder condition, low back condition, cervical spine condition, acquired psychiatric disorder (including PTSD and anxiety disorder), and bilateral hearing loss are being remanded due to the need for additional development.,The Veteran's claim for service connection for sleep apnea is also being remanded as it may be secondary to an acquired psychiatric disorder.

The Veteran's depression is rated at 50 percent effective January 1, 2018. This rating reflects significant occupational and social impairment.

The Board has remanded the claims for service connection for lumbar and cervical spine radiculopathy due to a lack of a VA examination.

The Veteran's claim for bilateral hearing loss is denied as there is no evidence of a current disability.,The Veteran's claims for cervical spine, right upper extremity nerve, obstructive sleep apnea, and tinnitus disabilities are remanded due to the need for additional examinations and opinions.,The Veteran's claim for service connection for traumatic brain injury (TBI) is remanded as there is conflicting evidence regarding whether it was incurred in service.

The Board has decided that the Veteran's service-connected residuals of fractured mandible do not warrant a rating in excess of 0 percent, and the claim for an increased rating is denied. The cervical spine fracture issue is remanded due to incomplete examination.

The Board has granted the reopening of the Veteran's claims for service connection for back and neck disabilities, but denied these claims as secondary to his service-connected knee disabilities.

The Veteran's appeal for an initial disability rating in excess of 10 percent for DDD of the cervical spine prior to September 3, 2015, and a rating in excess of 20 percent since that date has been dismissed due to his withdrawal request. The case is remanded for consideration of evidence added to the claims file since the September 2016 Statement of the Case.