Neck / cervical spine decisions — 2020

The Board has remanded the claims of service connection for vertigo, an acquired psychiatric disorder, a traumatic brain injury, and a cervical spine disorder due to the need for additional development.

The Board has dismissed the appeals for initial evaluation in excess of 20 percent for degenerative joint disease of the left shoulder, service connection for left chronic cervical radiculopathy (secondary to service-connected degenerative joint disease of the left shoulder), and service connection for carpal tunnel syndrome, left upper extremity.

The Veteran's cervical spine disability was restored to a 30% rating from January 23, 2017. The claim for higher ratings for the left shoulder and lumbar spine disabilities were denied.

The Board has granted the Veteran's petition to reopen his previously denied claim for service connection for a neck disability. The issues of entitlement to higher ratings for degenerative disc disease of the thoracolumbar spine, and service connection for left shoulder, right shoulder, left hip, right hip, left leg or knee, and right leg or knee disabilities are remanded.

The Board has remanded two issues: service connection for a cervical spine disability and an initial rating for the right shoulder disability. The Veteran's claim is being returned due to inadequate reasoning in previous decisions, lack of VA examination, and need for further clarification on her periods of active duty.

The Board has remanded the case for a new VA examination to determine if the Veteran's pre-existing cervical spine disorder worsened during service. The claim for obstructive sleep apnea is denied as it was not caused or aggravated by service-connected PTSD and/or GERD.

The Board dismissed the appeals for service connection of tinnitus, residuals of cervical spine fusion, and anxiety disorder NOS due to the Veteran not timely filing a Notice of Disagreement (NOD) on the form prescribed by VA.

The Board has granted the Veteran's claim for service connection for a cervical spine condition, finding that there is at least equipoise evidence to support the claim and resolving all doubts in favor of the Veteran.

The Board has remanded the Veteran's claims for increased ratings for her cervical spine condition, lumbar spine condition, and bilateral foot condition due to a lack of compliance with previous remand directives. The AOJ is instructed to provide examinations and obtain medical records.

The Board has remanded the Veteran's claims for additional development due to potential herbicide exposure and other medical issues. The claims will be reconsidered after further investigation.

The Veteran's claims for service connection for headaches, sleep apnea, and a cervical spine disability are granted. The claim for bilateral hearing loss is not reopened. Service connection for tinnitus is denied. An evaluation in excess of 20 percent for left foot contusion residuals with pes planus and lumbar scoliosis with sprain is denied.

The Board has denied the Veteran's claims for service connection for lumbar strain and cervical spine degenerative disc disease, finding that there is no evidence of onset during active duty or within one year post-service. The VA examiner concluded that these conditions are less likely than not caused by military service.

The Veteran's claim for service connection for a left knee disability is denied. The Veteran's PTSD, depression, anxiety, insomnia, and sleep disturbance are granted with a 50% rating. The Veteran's cervical strain is denied as not warranting an increased rating. The Veteran's right shoulder strain is denied as not warranting an increased rating. The Veteran's right knee tendonitis with shin splints is denied as not warranting an increased rating. The Veteran's BPH is denied as not warranting an increased rating. The Veteran's left shin splint is denied as not warranting a compensable rating.

The Board has granted service connection for right and left hip disabilities, as well as cervical spine disability. The decision on the cervical spine issue is pending due to a need for an additional VA medical opinion.

The Board has decided to remand the cases of migraine headaches, osteoarthritis, cervical spine, and a respiratory condition for further medical evaluation due to incomplete or insufficient opinions in previous VA examinations.

The Veteran's claims for increased evaluations and service connection are being remanded due to the need for additional medical examinations, as well as obtaining VA treatment records and Social Security Administration records. The Veteran is also being asked to provide private medical records from Cleveland Clinic.

The Board has remanded the claims for further examination and opinion regarding the Veteran's claimed cervical spine, bilateral ankle, right shoulder joint, and bilateral foot joint disabilities. The appeals are currently pending.

The Board denied the Veteran's claims for service connection for bilateral athlete’s foot, cervical spine condition, right great toe condition, and left great toe condition as new and relevant evidence was not received to support these claims.

The Veteran's claims for increased ratings on PTSD, thoracolumbar spine disability, and cervical disability, as well as a TDIU rating were denied because he failed to report for scheduled VA examinations without providing good cause.

The Veteran's death was not service-connected, but the appellant paid for his burial expenses and filed a timely claim. The Board found that the criteria for nonservice-connected burial benefits were met.