Neck / cervical spine decisions — 2020

The Board has remanded the Veteran's claims for service connection for various conditions, including head condition, sleep disorder, chronic fatigue syndrome, gastritis, cervical spine disability, numbness of upper extremities, knee disabilities, dizziness, arm disabilities, and skin condition. The issues are related to whether these conditions were incurred or aggravated during military service.

The Board denied service connection for cervical spine condition and numbness of the left foot as secondary to residuals, fracture, left talus. The claim for service connection for left knee chondromalacia is remanded.,There is no clear evidence that the Veteran's left knee chondromalacia is related to his service-connected disabilities.

The Veteran's cervical spine disability was rated at 50 percent disabling prior to November 30, 2002. From November 30, 2002 to September 25, 2003, a 60 percent rating for the cervical spine disability was granted. From September 26, 2003, a 50 percent rating for the cervical spine disability with separate evaluations of 40 and 30 percent for bilateral upper extremity radiculopathy was granted. The Veteran's dermatitis was rated at 10 percent prior to September 17, 2004, and at 30 percent from September 17, 2004.

The Board denied the Veteran's claims for service connection for a cervical spine disability, right upper extremity peripheral neuropathy, and left upper extremity peripheral neuropathy as secondary to his service-connected lumbar spine disability. The Board found that there was no evidence of a direct or presumptive link between these disabilities and the Veteran's service.

The Veteran's service-connected conditions do not meet the criteria for SMC based on aid and attendance or housebound status.

The Board has remanded the case due to a lack of a retrospective opinion regarding the Veteran's cervical spine disability from February 11, 2010, to April 3, 2014. The VA needs to obtain an updated medical opinion addressing this issue.

The Board denied service connection for right hand, left hip, and cervical spine disabilities due to lack of in-service injury or disease, and the absence of a link between current disability and service.,Service connection was not granted as there is no evidence that any of these conditions were present during active duty.

The Veteran's cervical spine disability is rated at 10 percent, and the Board finds that a more recent examination is needed to assess its current severity.

The Board has determined that the Veteran submitted a timely Notice of Disagreement (NOD) for multiple issues addressed in a December 2016 rating decision. The appeal is now REMANDED to issue an appropriate Statement of the Case (SOC).

The Board denied the Veteran's claims of service connection for a cervical spine disability and a compensable rating for right ear hearing loss, finding that there was no evidence linking these conditions to his military service.

The Board denied service connection for the Veteran's cervical spine disability, finding that there was no evidence of a neck injury or symptoms during service and insufficient continuity of symptomatology to establish service connection. The Board also found that the cervical spine disability is less likely than not caused by his service-connected lumbar spine disability.

The Board found that the reduction of ratings for cervical spine IVDS with degenerative arthritis and right upper extremity radiculopathy from 20% to 10% and noncompensable, respectively, was proper due to improvement in the Veteran's disability. The claim for restoration of the original ratings is denied.

The Board has remanded the case due to insufficient examination regarding whether the Veteran's service-connected disabilities aggravated his obesity, which is an intermediate step for determining service connection for obstructive sleep apnea.

The Board has remanded the case to obtain a VA examination for a back disorder. The Veteran contends that he has a current cervical spine strain, right shoulder disorder (including rotator cuff tear, bicep tendinosis, arthritic changes, and impingement syndrome), and left shoulder disorder related to service. Service connection is denied for all conditions.

The Board has remanded the Veteran's claims for service connection for a cervical spine disability and left shoulder disability due to the need for additional medical examinations.

The Board has remanded the issues of service connection for bilateral wrist tendonitis and strain, cervical spine DDD, bilateral medial epicondylitis, left ankle strain, osteoarthritis in the left shoulder, and arthritis in the hands.

The Veteran's service-connected disabilities do not prevent him from securing or following a substantially gainful occupation, and the Board finds that his employment during the appellate period was not marginal.

The Veteran's left shoulder impingement with left cervical radiculopathy and left-hand carpal tunnel syndrome is currently rated at 30 percent, but the Board finds that this rating is appropriate based on the current evidence.

The Board has granted service connection for a lumbar spine disability and cervical spine disability, finding that the Veteran's current conditions are related to his military service. However, service connection was denied for a right arm and shoulder disability due to lack of evidence showing it began during or within one year after service.,Service connection is granted for a lumbar spine disability and cervical spine disability, but not for a right arm and shoulder disability.

The Veteran's appeal is being remanded due to the need for additional development and examination.,The Veteran's cervical spine, bilateral hand, bilateral shoulder, and bilateral elbow disorders are being remanded for further evaluation.,The Veteran's left ankle disability is being remanded for a VA examination to determine its current severity.,The Veteran's gastrointestinal disorder (including IBS and ulcer) is being remanded for a VA examination to address the nature of her condition.,The Veteran's bilateral eye disorder is being remanded due to outstanding private treatment records.