Neck / cervical spine decisions — 2020

The Board has denied service connection for cervical and low back disabilities, but has remanded the issues of bilateral hearing loss and tinnitus.

The Board has denied the Veteran's claim for service connection for a cervical spine disorder, finding that there is no competent and probative medical evidence linking the disability to his military service.

The Board has remanded the cases of entitlement to service connection for hypertension and a cervical spine disability due to insufficient opinions from the VA examiner regarding whether these conditions are aggravated by service-connected disabilities.

The Veteran's sleep apnea is granted as secondary to his service-connected anxiety disorder, headaches, tinnitus, and traumatic brain injury.,The Veteran’s cervical spine strain with degenerative arthritis does not meet the criteria for a higher evaluation due to lack of incapacitating episodes.,The effective date for service connection for radiculopathy of the right upper extremity is granted as March 27, 2017.

The Veteran's appeals for service connection have been dismissed as he has withdrawn his appeal.

The Veteran's right ankle strain is currently rated at 10 percent, which reflects moderate limitation of motion. The Board finds no evidence of marked limitation of motion.,For the period prior to July 26, 2016, the Veteran’s DJD of the right knee was characterized by pain and some limitation of motion; however, there is no indication of ankylosis or severe symptoms warranting a higher rating. Since July 26, 2016, the Veteran's right foot pes planus and plantar fasciitis with callus on the great toe have resulted in moderate to severe unilateral symptoms.,Prior to July 31, 2013, the Veteran did not meet the criteria for a higher rating due to cervical strain. Since then, his disability has not met the criteria for favorable ankylosis or severe recurrent subluxation/lateral instability warranting a higher rating.,For the period prior to July 26, 2016, the Veteran's major depressive disorder did not result in occupational and social impairment with reduced reliability and productivity. Since then, his condition has resulted in such impairment but not to the extent that it would meet the criteria for greater disability.

The Board denied service connection for right knee, left knee, unspecified headache, and cervical spine disabilities due to lack of evidence showing onset or relationship to service.

The Veteran's DJD of the lumbar spine and DDD of the cervical spine are related to her military service, leading to a grant of service connection for both conditions. A 50% rating is granted for migraines from January 3, 2017.

The Board has remanded the Veteran's claims for entitlement to service connection for a left shoulder disability and a cervical spine disability due to insufficient evidence. The claims are currently pending.

The Board has dismissed the appeals for service connection for retinopathy, bilateral glaucoma, erectile dysfunction, a cervical neck disorder, and increased ratings for bilateral hearing loss and PTSD. The appeal regarding hypertension is remanded due to new evidence submitted by the Veteran.

The Board has remanded the case due to inadequate nexus opinions and incomplete STRs. The Veteran's shoulder disabilities are being evaluated further.

The Board has decided to remand the case due to insufficient medical evidence on file regarding the Veteran's current neck disability. The Veteran needs a VA examination to determine if his cervical strain is related to service, including the use of new rucksacks during active duty.

The Veteran's initial claim for a higher evaluation for her cervical spine disorder was granted, with a 30 percent evaluation effective May 6, 2014. The claims for radiculopathy of the left upper and lower extremities were also granted, each receiving a 20 percent evaluation effective March 25, 2019.

The Veteran's neck disability is granted service connection based on a presumption of service connection due to his in-service injury. The stomach disability claim is denied as there is no current diagnosis related to active service.

The Veteran's claims for higher evaluations of his cervical spine, right shoulder, right knee, and left knee disabilities are being remanded due to the need for additional examinations. His anxiety disability is also being remanded as there was insufficient information provided by the examiner regarding its severity.

The Board has decided that additional development is needed for the claims of service connection for lumbar and cervical spine disorders, as well as an acquired psychiatric disorder (claimed as depression), and total disability rating based on individual unemployability due to service-connected disabilities. The AOJ must make efforts to obtain the Veteran's service treatment records and any inpatient or clinical records from Fort Ord.

The Veteran's appeal is remanded for further development regarding his claims for service connection, increased ratings, and earlier effective dates.,Specifically, the AOJ must provide an SOC addressing the issues of increased ratings for bilateral pes cavus, left upper extremity radiculopathy, degenerative joint disease and IVDS of the cervical spine, and tinnitus, as well as earlier effective dates for these disabilities.

The Board has determined that the Veteran's claims for increased ratings and service connection are not ready for final decision due to incomplete development, including obtaining additional medical records and clarifying the number of scars status post lumbar spine surgery. The case is being remanded for these purposes.

The Veteran's vertigo is currently rated as noncompensable under Diagnostic Code 6204 due to the lack of objective findings supporting the diagnosis of vestibular disequilibrium.,The Veteran’s essential tremor has increased in severity since his last VA examination, and he should be provided an opportunity for a VA examination to determine its current severity.

The Board has granted service connection for degenerative disc disease of the cervical spine and obstructive sleep apnea on a direct basis. The Veteran's current neck pain and cervical spine symptoms began in his active service, as did his obstructive sleep apnea.