Neck / cervical spine decisions — 2020

The Board has remanded several service connection claims due to the submission of new VA medical evidence and inextricably intertwined issues with a claim for TDIU.

The Board has remanded several service connection claims due to the need for additional development and evidence.,No effective date is assigned as no earlier claim was filed.

The Veteran's service connection for fatty liver disease was withdrawn. He received a grant of a 40 percent rating for skin sores, effective from April 29, 2014 to February 2017, and granted TDIU during this period. The Veteran’s skin sores, cervical spine strain, and right upper extremity radiculopathy were remanded for further evaluation.

The claim of higher ratings for bilateral hearing loss is dismissed. The claims of service connection for back disability, neck disability, vertigo and dizziness, and acquired psychiatric disorder are all denied.

The Board has reopened the claims of service connection for neck and back disabilities, but denied them on the merits. The Veteran's current statements attributing his disabilities to in-service motor vehicle accidents are not consistent with the service records.

The Veteran's claims of service connection for cervical and lumbar conditions have been granted. The claim for a headache condition is remanded.

The Board has determined that the Veteran's cervical and lumbar spine disabilities did not begin during active service or are otherwise related to an in-service injury or disease.,For his head injury, the Board found no evidence of a preexisting condition noted at entry into service. The Veteran was unable to establish aggravation of this condition during service.

The Board has granted service connection for a cervical neck disability, but the issues of service connection for right shoulder and upper extremity nerve disabilities are remanded due to insufficient evidence.

The Veteran's claims for initial ratings and service connection are being remanded due to the need for additional examinations, treatment records review, and development of his case. The specific issues include pes planus (left foot), cervical spine disability, bilateral wrist, lumbar spine, bilateral ankle, bilateral hip, right ear hearing loss, sinus/rhinitis/nose bleeds, and dysentery and residuals of food poisoning.

The appeal for a left foot condition is dismissed.,Service connection granted for cervical spine, thoracolumbar spine, headache, and left shoulder conditions.

Service connection is granted for a neck condition, right shoulder condition, and obstructive sleep apnea.,The heart condition issue remains pending as it requires additional development.

The Board has granted special monthly compensation based on the need for regular aid and attendance of another person due to the Veteran's service-connected disabilities, which include a mid-thigh amputation of the right leg, depression, various scars, tendon injuries, and neurological conditions. The decision is effective as of the date of the rating decision.

The Veteran's effective date for the initial 40 percent rating for right upper extremity cervical radiculopathy was denied as no communication from the Veteran or his representative indicated a formal claim prior to December 22, 2016.,The Veteran's effective date for the increased rating of left upper extremity cervical radiculopathy was also denied due to lack of any indication of intent to file a claim before December 22, 2016.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's current cervical spine disability is related to his military service, specifically an injury sustained during a crash aboard the USS Midway. The examiner must provide a clear opinion on this issue.

The Board has remanded several issues related to the Veteran's service connection claims, including mastoiditis, bilateral carpal tunnel syndrome, DJD of the AC joint, DDD of the cervical and lumbar spine, and a left leg condition. The appeals are pending for further examination and opinion.

The Board has remanded the claims for neck, bilateral wrist, bilateral hip, bilateral knee, bilateral ankle, bilateral foot, bilateral shoulder, and bilateral elbow disabilities due to insufficient evidence.,No new or material evidence was provided to reopen any of these service connection claims.

The Veteran's initial rating for bilateral pes planus (flat feet) has been granted at a 50 percent level. The cervical spine condition issue is being remanded.

The Board has remanded the Veteran's claims for further development due to inadequate rationale in previous VA opinions and failure to address the totality of the Veteran's lay statements regarding his symptoms and onset.

The Board denied the Veteran's claims of service connection for migraine headache, back, right hip, and neck disabilities due to lack of evidence of current disability.

The Board has determined that the Veteran's current cervical spine disability is related to his in-service neck injury, granting service connection for this condition.