Neck / cervical spine decisions — 2020

The Board has remanded the claims for service connection for low back disability, neck disability, and acquired psychiatric disorder due to additional development of records and medical opinions.

The Board has denied service connection for a neck disability, but granted service connection for low back, right knee, and right ankle disabilities. Service connection was also denied for bilateral hearing loss and thyroid disorder.,Service connection is granted for the Veteran's low back disability, with reasonable doubt favoring the claim.

The Veteran's claim of service connection for a renal cyst, asthma, left shoulder degenerative arthritis, spondylosis of the lumbar spine, and cervical spondylosis is remanded due to insufficient development. The Veteran will need updated VA treatment records, an opinion on whether her current asthma is related to service, and examinations for her left shoulder, cervical, and lumbar spine disabilities.

The Board denied service connection for various conditions, including back pain, scoliosis, cervical spine arthritis, left arm lateral epicondylitis, knee bursitis, leg and hip conditions, restless leg syndrome, nosebleeds, gastrointestinal issues, headaches, dizziness, foot arthritis, bunions, osteoporosis, hypertension, heart condition, insomnia, sleep apnea, myofascial pain syndrome, eye pain/dryness, gynecological condition (uterine cysts/fibroids), breast cancer, depression secondary to breast cancer, jaw/teeth pain, and PTSD. The Board found no evidence of service connection for any of these conditions.

The Board has remanded the claims for service connection for left knee, right knee, and neck disabilities due to incomplete development. The Veteran's claims will be reviewed again with new medical opinions.

The Board has granted service connection for carpal tunnel of the right wrist and left wrist, finding that the Veteran's current disabilities are due to his active duty service.

The Veteran's service-connected PTSD has precluded him from securing and following any substantially gainful occupation since January 22, 2015. The Board granted a TDIU based on the PTSD disability. Additionally, the Veteran is entitled to SMC at the housebound rate due to his combined 100 percent schedular rating for service-connected disabilities.

The Veteran's claim to reopen a low back disability was denied. The Board found no new and material evidence to support the claim.,Service connection for neck disability was denied as there is no evidence of current disability related to service.

The Board has remanded the case due to scheduling issues for a VA examination to determine if the Veteran's cervical spine disability is related to service or secondary to his service-connected musculoskeletal disabilities.

The Veteran's cervical spine disability, residuals of a fractured right clavicle, neurological disabilities of the left leg and upper extremity, headaches, and primary insomnia are all remanded for further development.,Specifically, the Veteran needs to be examined to determine the nature and etiology of these conditions.

The Board denied service connection for thromboembolic disease and dismissed the claim for lower extremity radiculopathy. The cervical radiculopathy issue is remanded.

The Veteran's cervical spine, left knee, and right knee disabilities were not incurred in or aggravated by service.,Service connection for substance abuse was denied as the Veteran's depression is not considered to be due to his service-connected condition.

The Veteran's bilateral hearing loss and tinnitus are granted service connection, but his cervical spine disability is denied.

The Board has dismissed all issues related to the Veteran's compensation claims due to his death.

The Veteran's appeal for an initial rating in excess of 10 percent and for an effective date earlier than March 20, 2008, for the award of service connection for cervical spine degenerative disc disease with degenerative joint disease has been dismissed.

The Veteran's initial rating for osteoarthritis of the cervical spine prior to December 28, 2018 was denied. The Veteran's increased rating claim for osteoarthritis of the cervical spine as of December 28, 2018 and her right shoulder strain claim were remanded due to incomplete development.

The Veteran's appeal for an earlier effective date for service connection is dismissed as moot because the earliest possible effective date, November 1, 2012, has already been granted. The Board finds no error of fact or law to consider.

The Veteran's initial disability rating for degenerative disc disease with strain of the cervical spine prior to November 17, 2014 was granted at a 30 percent level.,Since November 17, 2014, his disability rating has been increased to 30 percent due to favorable ankylosis of the entire cervical spine.

The Board denied service connection for various conditions, including bilateral hearing loss, cervical spine condition, allergic condition, stomach condition, heart condition, joints condition, lower back condition, peripheral neuropathy of the upper and lower extremities. The claims were all denied as there was no evidence to support a link between these conditions and active military service.

The Board has decided to remand the four service connection claims for arthritis of the cervical spine, arthritis of the right hand, a low back disorder, and a right ankle disorder due to additional evidence being submitted without AOJ review.