Neck / cervical spine decisions — 2020

The Board has reopened the Veteran's claims for service connection for neck disability, back disability, bilateral knee disability, and allergic rhinitis due to new evidence. However, these claims are still pending as they have been remanded for further development.

The Veteran's service connection claims for multiple disabilities were denied, and the effective dates assigned are not earlier than February 27, 2017.,VA did not grant an earlier effective date for SMC at the housebound rate as the Veteran did not have a single service-connected disability rated at 100% prior to February 27, 2017.

The Board denied the Veteran's claims for service connection for right above the knee amputation and a higher rating for his cervical spine disability. The claim to reopen was denied, and the increased rating claim for the cervical spine disability was remanded.

The Veteran's application to reopen claims for GERD and heart disorder was granted. The applications for lumbar spine disorder and cervical spine disorder were denied.

The Board has remanded the case due to inadequate development of evidence regarding the Veteran's employability and non-service-connected disabilities. The VA must schedule an examination to assess the severity and permanency of all his disabilities, including their impact on employment.

The Board has denied service connection for cervical spine disorder, bilateral shoulder disorders, lumbosacral spine disorder, bilateral hip disorders, and poly-arthritis as there is no evidence of these conditions during or within one year after service. The Veteran's combat injury in Vietnam does not establish a nexus between his current disabilities and his military service.

The Board has determined that the Veteran's conditions are not related to VA care and treatment, and thus compensation under 38 U.S.C. § 1151 is denied for degenerative joint disease of the cervical spine, balance impairment, and an eye condition.

The Board has reopened the Veteran's claims for service connection for cervical spine and PTSD disabilities, but has not yet decided whether these claims are well-grounded or granted. The case is REMANDED to allow further development.

The Board has decided to remand the case due to insufficient consideration of private medical records and an inadequate statement of reasons or bases.

The Board has remanded the Veteran's claims for service connection, increased ratings, and TDIU due to new evidence indicating that additional examination is needed. The effective date of dependency benefits remains January 1, 2017.

The Board has granted service connection for cervical degenerative disc disease with left upper extremity radiculopathy, finding that the Veteran's current disability had its onset during his military service.

The Board has remanded the Veteran's claims for service connection for low back, neck, right hip, and left hip disabilities due to insufficient evidence. The case will be returned for further development.

The Board has granted service connection for cervical DDD with radiculopathy and scoliosis, right arm radiculopathy, and left arm radiculopathy as secondary to the Veteran's service-connected thoracolumbar spine disability.

The Board has denied a rating in excess of 20 percent for cervical spine arthritis with strain and spondylosis without myelopathy, but has remanded the issue of entitlement to TDIU.

The Board has determined that the Veteran's current cervical spine condition (arthritis) is related to an in-service neck injury, and thus service connection for this condition is granted.

The Board has granted service connection for a Traumatic Brain Injury, migraine headaches, and Degenerative Disc Disease of the cervical and thoracolumbar spines based on evidence showing these conditions are related to in-service events.

The Board has remanded the Veteran's claims for additional development due to outstanding medical records and VA examinations.

The Veteran's lower back disability, cervical spine disability, and upper extremity radiculopathy have been granted service connection. A 30 percent rating has been assigned for the cervical spine disability since November 9, 2019.

The Veteran's Parkinson’s disease and acquired psychiatric disorder (PTSD and MDD) are not service-connected.,Service connection for an acquired psychiatric disorder (PTSD and MDD), leukemia, COPD, AC joint arthritis of the left shoulder, urinary frequency, erectile dysfunction, sleep apnea, peripheral neuropathy of the right upper extremity, peripheral neuropathy of the left upper extremity, peripheral neuropathy of the right lower extremity, peripheral neuropathy of the left lower extremity, cervical spine disability (cervical spine disability), DMII (diabetes mellitus, type II), and lumbar spine disability are not granted.,Service connection for leukemia is remanded.,Service connection for COPD is remanded.,Service connection for AC joint arthritis of the left shoulder (claimed as arthritis of the left shoulder) is remanded.,Service connection for urinary frequency, to include as secondary to service-connected DMII with diabetic ulcer of the right foot or service-connected lumbar spine disability, and service connection for erectile dysfunction, to include as secondary to service-connected DMII or service-connected lumbar spine disability are remanded.,Service connection for sleep apnea is remanded.,Service connection for peripheral neuropathy of the right upper extremity prior to July 19, 2012, and higher than 30 percent thereafter; peripheral neuropathy of the left upper extremity prior to July 19, 2012, and higher than 20 percent thereafter; peripheral neuropathy of the right lower extremity; and peripheral neuropathy of the left lower extremity are remanded.,Service connection for cervical spine disability (cervical spine disability); service connection for DMII (diabetes mellitus, type II); and service connection for lumbar spine disability are remanded.,Service connection for CAD associated with hypertension is remanded.,Service connection for lipoma tumor on the spine is remanded.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence regarding his active duty periods and the relationship between his current conditions and military service. The AOJ must verify the Veteran’s ACDUTRA and INACDUTRA dates, obtain addendum medical opinions, and schedule a VA examination.