Neck / cervical spine decisions — 2020

The Board has remanded the Veteran's claims for cervical spine, right lower extremity neurological impairment, and left foot disabilities due to deficiencies in the June 2019 VA examinations. The issues include rating determinations for these conditions prior to specific dates and in excess of certain percentages.

The Veteran's claims for effective dates prior to November 1, 2010 for cervical spine degenerative disc disease and associated radiculopathy of the upper extremities are denied as there is no evidence of a claim or informal claim before that date.,The Veteran's claim for an earlier effective date for his thoracic spine surgical scar is also denied as it arose from surgery on September 25, 2012.

The Veteran's claims for service connection for bilateral hearing loss, a head condition, tinnitus, right ankle disability (status post Achilles tendon repair), sciatic nerve disabilities of the left and right lower extremities, right hip disability, left hip disability, neck disability, and migraines have been dismissed.,The Veteran's claim for service connection for low back disability has been reopened due to new and material evidence. The Board finds that there is no evidence showing a chronic condition in service or within one year after discharge.

The Board has remanded the Veteran's claims for service connection and SMC based on his claimed knee, lumbar spine, and cervical spine disorders due to his active service as a paratrooper. The Veteran underwent examinations in November 2017 but needs further examination by an examiner who can consider the specific stresses of parachute jumps during service.

The Veteran's cervical spine disability is rated at 30 percent, effective November 10, 2010. The rating for left upper extremity radiculopathy was denied as it did not meet the criteria for a higher rating.

The Veteran's claims for increased ratings and service connection are being remanded due to the failure of the Veteran to appear for scheduled VA examinations.,The Veteran's claims for increased ratings and service connection are being remanded due to the failure of the Veteran to appear for scheduled VA examinations.

The Board denied service connection for various conditions, including tinnitus of the left ear with pain, cervical spine disability, thoracic spine disability, headaches, chest muscle pain, bilateral vision problems, and sleep apnea. The reasons given were that there was no evidence linking these conditions to active service.

The Veteran's claim for an initial rating in excess of 10 percent for degenerative joint and disc disease of the cervical spine was denied as there is no evidence of more than mild functional impairment.

The Board has remanded three issues related to the Veteran's service connection claims for cervical spine disorder, left knee chondromalacia, and degenerative arthritis of the lower spine due to lack of a fully-informed decision. The issues are being remanded because VA medical opinions were not obtained regarding the Veteran’s lay contentions and flare-ups.

The Board denied service connection for a back disability, neck disability, and sleep apnea as there was no evidence linking these conditions to active military service.

The Board has remanded the claims for service connection and increased rating due to failure of the Veteran to RSVP for scheduled VA examinations. The proper procedures must be followed on remand.

The Board has remanded the claims of service connection for low back and cervical spine disabilities due to insufficient medical opinions. The Veteran's statements about a motor vehicle accident during service are considered credible, but further clarification is needed regarding the relationship between his current conditions and service.

The Board has remanded the Veteran's claims of service connection for cervical spine condition, left hand condition, and right hand condition due to lack of examination and incomplete medical records.

The Board has remanded the claims for service connection for a cervical spine disability, increased ratings for lumbosacral and right shoulder disabilities, and TDIU due to unresolved issues regarding these conditions.

The Board has remanded the Veteran's claims for service connection due to incomplete VA medical records and procedural errors in previous decisions.

The Board has granted service connection for post-traumatic stress disorder (PTSD) and cervical strain, finding that these conditions are related to the Veteran's military service due to head injuries sustained during his time in service.

The Board has granted the Veteran's claim for service connection for headaches. The claims for service connection for damaged retina with photosensitivity, back disability, and neck disability have been dismissed due to lack of jurisdiction as they were not properly appealed.

The Board has found that further development is required before the Veteran's remaining claims are decided, including determining whether his August 21, 2010 motor vehicle accident occurred during a period of active service and scheduling VA examinations to address the etiology of his claimed disabilities.

The Board has granted a 20% rating for cervical spine stenosis, denied service connection for radiculopathy of the left hand, and remanded issues regarding degenerative arthritis of the lumbar spine and sinusitis. The Veteran is to be scheduled for additional examinations.

The Veteran's bilateral hearing loss is rated as noncompensable, and his DDD of the cervical spine is rated at 30 percent prior to May 31, 2019, and at a maximum of 30 percent thereafter. The appeals for increased ratings are denied.