Neck / cervical spine decisions — 2020

The rating reduction from 30 percent to 20 percent for cervical spondylosis with herniated nucleus pulposus and postoperative anterior cervical fusion was improper, and the 30 percent rating is restored. The Veteran's claim for an effective date prior to August 2, 2005 for a 30 percent rating remains pending as it is unclear whether he filed a formal or informal claim within one year of that date.

The Board has remanded several issues related to the Veteran's claims, including fibromyalgia and various hip, ankle, groin, eye, heart, and other conditions. The VA is required to obtain medical opinions regarding whether these conditions are related to service.

The Veteran's service connection claim for restless leg syndrome is granted. The claims for initial evaluations in excess of 10 percent for acquired psychiatric disorder, cervical spine and thoracolumbar spine disabilities, fibromyalgia, and hypothyroidism post right hemithyroidectomy are remanded due to the need for additional medical examinations and records.

The Board has determined that the Veteran's service-connected disabilities combine to a rating of at least 70 percent, meeting the schedular requirements for TDIU. The evidence is in equipoise as to whether the Veteran can secure and follow substantially gainful employment due to his service-connected disabilities.

The Board has denied service connection for a cervical spine disability and remanded the issue of rating crural epidermophytosis.

The Board has granted service connection for degenerative arthritis of the cervical spine, thoracolumbar spine, right hip replacement, left hip strain, right knee, and left knee. The decision is based on equipoise evidence supporting a link between these conditions and service.

The Board has denied service connection for cervical spine, left hip, right hip, left ankle, and right ankle conditions due to the absence of a currently diagnosed disability.

The Board has remanded the Veteran's claims for service connection, rating increases, and TDIU due to incomplete examinations. The case will be returned for further evaluation.

The Board has denied service connection for hypertension, cervical spine disorder, right carpal tunnel syndrome, GERD, TBI, and an equilibrium disorder. The claims are being remanded to obtain additional medical opinions regarding the nature and etiology of these conditions.

The Board has granted service connection for right upper extremity cervical radiculopathy and denied service connection for pre-ventricular contractions. The issue of an increased rating for coronary artery disease is remanded.

The Board has determined that additional development is needed to obtain the Veteran's VA treatment records and his VR&E files, as these documents are relevant to the issues on appeal.

The Veteran's application to reopen his service connection claims for headaches, lumbar spine disability, cervical spine (neck) disability, right knee disability, and left knee disability is granted. The claim for hypertension remains pending.

The Veteran's claims for service connection and additional disability of the low back, as well as several other issues, are being remanded due to insufficient development or evidence. The remaining claims have been addressed in the November 2019 Supplemental Statement of the Case.

The Board has denied service connection for both the right hand disorder and cervical spine disability, finding that there is no current diagnosis of a right hand disability or a currently diagnosed cervical spine disability related to service.

The Board denied service connection for a neck disorder as there was no in-service injury, disease or event related to the neck and no chronic symptoms since service.

The Board has granted effective dates of January 31, 1991 for service connection and TDIU due to the Veteran's lumbar and cervical spine disabilities.

The Board has remanded the claims for service connection for low back disorder, neck/cervical spine disorder, respiratory disorder (including bronchitis and COPD), and acquired psychiatric disorder due to incomplete medical records.

The Board has granted service connection for the Veteran's back and neck disabilities, but has remanded her eye disability and hypertension claims due to incomplete records.

The Board has ordered a remand to determine the nature and etiology of the Veteran's cervical spine disability, including whether it is related to service or pre-existed service.

The Board has determined that the Veteran does not have a current disability for which service connection can be granted, specifically bilateral hearing loss and tuberculosis. The claims for traumatic brain injury, right shoulder disability, and neck disability are remanded as there is insufficient evidence to determine if these conditions are related to service.