Neck / cervical spine decisions — 2020

The Board has decided to remand the cases for additional records related to a congressional appeal and the Veteran's entrance into active duty.

The Board has determined that there is at least a 50% chance the Veteran's current cervical spine disability, including left upper extremity radiculopathy, was incurred during his period of active duty service. The decision grants service connection for this condition.

The Veteran's cervical spine disorder, lumbar spine disorder, headache disorder, acquired psychiatric disorder (including depression, dementia, and PTSD), and traumatic brain injury are not service-connected.,Service connection was denied for all claimed conditions.

The Board has granted a 20 percent disability rating for the Veteran's left upper extremity cervical radiculopathy, but has remanded the claim for entitlement to TDIU.

The Board denied the Veteran's claims for service connection for lumbar spine and cervical spine disabilities, finding that there was no evidence linking these conditions to his military service.

The Board denied service connection for arthritis, finding that the current diagnoses of degenerative osteoarthritis were not incurred in or related to service.

The Veteran's cervical spine disability is rated at 30 percent from March 18, 2010 forward. The Board found that a higher rating was not warranted for the period prior to this date and granted separate ratings of 20 percent each for bilateral upper extremity radiculopathy from September 1, 2016 forward.

The Veteran's bilateral hearing loss is granted as service-connected, with the presumption that it was aggravated by noise exposure during active military service.,Service connection for analgesic nephropathy with residual kidney pain secondary to a service-connected lumbosacral strain is granted. The evidence does not support aggravation of the pre-existing condition in service.,The Veteran's cervical spine disorder is denied as there was no onset or aggravation during active military service.

The Veteran's left ankle sprain, lumbar strain, cervical strain, right knee patellar bursitis, and left knee patellar bursitis are all rated at the maximum available rating of 10 percent. The Veteran’s sinus arrhythmia is not compensable. For the period from June 2, 2012 to February 12, 2020, his PTSD is rated as 50 percent disabling; since February 13, 2020, it is rated at 70 percent.,PTSD has been found to cause occupational and social impairment with deficiencies in most areas.

The Veteran's claims for service connection for cervical spine degenerative disc disease with radiculopathy and headaches were granted, effective April 3, 2000. The rating assigned is 30 percent.

The Board has denied service connection for sinusitis and remanded the issues of increased ratings for a cervical spine disability. The Veteran's claim for sinusitis was denied due to lack of evidence of chronic sinusitis during or approximate to the pendency of the claim. For his cervical spine disability, the Board found that there is no current diagnosis of chronic sinusitis and thus service connection cannot be granted.

The Veteran's claim for increased ratings for his cervical spine disability is remanded due to the need for clarification regarding the presence of incapacitating episodes.

The Veteran's claim for an effective date earlier than November 14, 2016 for the grant of service connection for a surgical scar was denied. The Board found that entitlement to secondary service connection for a surgical scar could not arise prior to the award of service connection for the primary disability of a neck disorder.,The Veteran's claim for an initial rating in excess of 30 percent for a surgical scar, status post cervical fusion was denied. The effective date assigned is November 14, 2016, the date service connection was established for the condition.,The Veteran's claim for a 50 percent rating, but not higher, for left hand cubital tunnel syndrome was granted. The effective date assigned is November 14, 2016, the date service connection was established for the condition.,The Veteran's claim for a rating in excess of 60 percent prior to December 6, 2016, and in excess of 20 percent thereafter, for intervertebral disc syndrome with degenerative arthritis changes, cervical spine was denied. The effective date assigned is November 14, 2016, the date service connection was established for the condition.,The Veteran's claim for a separate 40 percent rating for left upper extremity radiculopathy was granted. The effective date assigned is November 14, 2016, the date service connection was established for the condition.,The Veteran's claim for a rating in excess of 10 percent for hypertension was denied. The effective date assigned is not applicable as hypertension does not have an effective date.

The Veteran's appeal was dismissed due to his death. His claims for increased ratings and TDIU were not addressed as the Board does not have jurisdiction over them.

The Board has determined that the Veteran's degenerative joint disease of the cervical spine did not begin during service or is otherwise related to an in-service injury, and thus denied his claim for service connection.

The Board denied the Veteran's claim for service connection for cervical spine arthritis, finding that there was no evidence of an additional disability caused by VA care and that it was not due to negligence or malpractice. The decision also remanded claims for diabetes mellitus, Parkinson’s disease, and headaches.

The Board has denied service connection for the Veteran's claimed disabilities, including residuals of cervical spine fracture, right ankle fracture, fractured ribs, and facial fractures, as they were not incurred in line of duty during active military service.

The Board has determined that the Veteran's claim for an earlier effective date prior to September 26, 2011 and a higher initial rating for cervical spine disability is remanded due to the need for additional medical examination.

The Veteran's claims for increased ratings for various service-connected conditions, including right and left lower extremity cold injury residuals, peripheral neuropathy due to cold weather injury, tinnitus, and cervical spine DDD, were denied as the evidence did not support a higher rating.

The Board has remanded the Veteran's claims for service connection for cervical and lumbar spine disabilities due to inadequate VA examinations and expert opinions, as well as potential need for additional record development.