Neck / cervical spine decisions — 2020

The Board denied service connection for a heart disorder, finding that the Veteran did not have a current disability and there was no evidence of a chronic condition during or within one year after service.,Service connection was also denied for left arm and shoulder disorders, as well as right arm and shoulder disorders. The Board found no evidence linking these conditions to military service.

The Veteran's claims for increased ratings for cervical strain, left elbow ulnar neuropathy, right knee flexion, and right wrist synovitis have been denied as his conditions do not meet the criteria for higher ratings under the applicable rating schedule.

The Board has remanded the claims for rheumatoid arthritis, spinal stenosis, and polymyalgia rheumatica and cervical stenosis due to insufficient evidence regarding their relationship to service. The Veteran's exposure to asbestos and herbicide agents is conceded.

The Veteran's migraine headaches are rated at a 50 percent disability rating, effective from the date of the decision.,Service connection for a right shoulder condition is remanded due to lack of clear evidence.

The Board has determined that the Veteran's cervical spine degenerative joint disease, bilateral shoulder impingement, carpal tunnel syndrome of the right wrist, poor circulation of the bilateral lower extremities, and bilateral foot pain are not related to his period of service.,Service connection for these conditions is denied.

The Board has dismissed the Veteran's appeals for service connection for rhinitis and sinusitis, as well as his application to reopen claims for sleep apnea and VA compensation for a dental disability. The Board also granted the reopening of these claims and awarded service connection for a dental disability. Service connection was denied for irritable bowel syndrome, neck disability, and sleep apnea. A compensable rating for hemorrhoids was denied, but TDIU was granted.

The Board dismissed the claim of service connection for a neck disability because it was granted by the RO in September 2014. The issue of service connection for gastrointestinal disability (GERD) is remanded.

The Board has remanded the Veteran's claims for thoracolumbar spine disability, cervical spine disability, and right foot condition due to inadequate medical opinions in previous examinations. The VA is required to obtain new medical opinions addressing these issues.

The Veteran's appeal for an increased evaluation for bilateral hearing loss and service connection for a vision disability is being remanded due to the addition of new evidence since the most recent Statements of the Case.,The Veteran's appeals for service connection for traumatic brain injury, acquired psychiatric disorder (depression), bilateral median neuropathy, bilateral ulnar neuropathy, cervical spine disability, memory loss, carpal tunnel syndrome, diabetes mellitus, peripheral neuropathy, and heart disability are being remanded due to the addition of new evidence since the most recent Statements of the Case.

The Board has remanded the claims for tuberculosis, left ankle disability, cervical spine disability, and chronic cysts (including tinea versicolor) due to new evidence received after the November 2017 SOC.

The Veteran's claims are being remanded to obtain additional medical records and for further examinations due to incomplete evaluations and the need for clarification of functional limitations.

The Board denied the Veteran's claim for a higher combined rating, finding that the RO properly applied the bilateral factor to his service-connected disabilities of the left and right upper extremities. The calculated combined rating of 70 percent effective February 9, 1989 was accurate.

The Veteran's initial rating for a lumbar spine disorder is granted at 40 percent, effective from the date of this decision. A total disability rating based on individual unemployability (TDIU) is also granted.

The Board has denied service connection for COPD and remanded the issues of service connection for a cervical spine condition and an acquired psychiatric disorder (PTSD).

The Board has decided to remand the case due to inadequate examination and opinion regarding service connection for a cervical spine disability, which may be related to a service-connected low back disability.

The Veteran's cervical spine surgery did not result in doctor-mandated convalescence, severe postoperative residuals, or incompletely healed wounds beyond January 3, 2019. Therefore, the claim for an extension of a temporary total rating is denied.

The Veteran's claim for a rating in excess of 10 percent for service-connected right ankle sprain is dismissed. The Board also remanded the issue of his cervical strain condition.

The Board denied service connection for a bilateral shoulder disability, including cervical spine disability with pain radiating to the shoulders. The VA examiner found no evidence of chronicity from onset in the 1950s to present and concluded that current diagnosed arthritis was less likely related to active service.

The Board has granted service connection for a cervical spine condition, finding that the evidence is at least in balance and supports the claim. The disability is considered to be directly related to an injury during active duty training (ACDUTRA) in 1991.

The Veteran's claim for an initial rating in excess of 10 percent for his cervical spine disability is being remanded due to the need for additional information regarding flare-ups and their impact on range of motion.