Neck / cervical spine decisions — 2020

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation, and the Board has granted his claim for TDIU.

The Veteran's applications to reopen claims for service connection for various conditions have been granted. The cases are now REMANDED for further development and consideration.

The Veteran's claim for a rating in excess of 40 percent for cervical spine disability is denied. A separate 20 percent rating for right upper extremity radiculopathy is granted from August 8, 2007. The Veteran's claim for TDIU prior to June 16, 2011 is also denied.

The Board denied service connection for cervical spine disorder, right upper extremity cervical radiculopathy, and left upper extremity cervical radiculopathy as the evidence did not show a relationship to service.

The Board has granted service connection for a left shoulder disability and denied service connection for cervical spine, right hip, left hip, right knee, chest, stomach, heartburn, and unspecified depressive disorder disabilities. The decision is based on the Veteran's in-service complaints and current diagnoses.

The Board denied the Veteran's claim of service connection for a spinal neck injury, finding no relationship between his current diagnosed neck disability and active duty service.

The Board has remanded the Veteran's claims due to outstanding VA and Social Security Administration records that need to be obtained for a complete review.

The Veteran's claims for increased ratings and service connection were denied. The cervical spine arthritis claim was denied with a rating greater than 10 percent prior to November 13, 2016 and 30 percent thereafter. Claims for bilateral pes planus, patellofemoral pain syndrome of the left knee, right hand disorder, right shoulder disorder, and right hip disorder were also denied.

The Veteran's claims for service connection for cervical arthritis and cervical radiculopathy were denied as new evidence did not establish an in-service occurrence or a nexus to service, and the current conditions are not related to service.

The Board has remanded the Veteran's claims of service connection for cervical spondylosis, a back disability, and bilateral dry eye syndrome due to outstanding private treatment records and an addendum VA opinion.

The Veteran withdrew his appeals for service connection and increased disability ratings, effectively dismissing the cases.

The Veteran's PTSD is rated at 70 percent prior to October 25, 2017 and TDIU is granted from that date. The Veteran's cervical spine arthritis is rated at 20 percent prior to August 11, 2014 and TDIU is also granted from that date.

The Veteran's appeals for increased ratings and TDIU have been dismissed as the claims are being reviewed by a Higher-Level Review process conducted by an experienced adjudicator of the agency of original jurisdiction.

The Veteran's cervical neck disability is rated at 30 percent, effective as of the date of this decision. The initial compensable rating for his neck scar was denied.

The Veteran's appeal involves multiple disabilities, including head injuries and knee issues. The Board has determined that additional evidence is needed to properly assess the nature and etiology of these conditions.

The Veteran's left elbow lateral epicondylitis and left shoulder tendonitis with impingement were initially rated at 10 percent prior to April 9, 2009, and increased to 20 percent thereafter. The cervical spine disability was also initially rated at 10 percent. All ratings have been denied.

The Board has remanded the Veteran's claims for an effective date earlier than September 2, 2015 for TDIU and basic eligibility for education benefits under Chapter 35 (DEA). The cases are being referred to the Director of Compensation Service for consideration of whether TDIU is warranted on an extraschedular basis. Additional development may be needed based on new evidence.

The Veteran's radiculopathy of the left upper extremity is granted as secondary to his service-connected cervical strain. His cervical and lumbar strains are each rated at 10 percent prior to July 1, 2016.

The Veteran's treatment at Florida Hospital Memorial Medical Center was for a medical emergency of such nature that a prudent layperson would have reasonably expected delay in seeking immediate medical attention to result in placing the health of the individual in serious jeopardy. The nearest VA facility with an emergency room was over 78 miles away, and there were no other feasible options.

The Veteran's cervical spine disability is being remanded for further development, including obtaining medical records and scheduling a VA examination to determine the nature and etiology of his claimed condition.