Neck / cervical spine decisions — 2020

The Veteran's claims for service connection for various conditions, including bronchitis, degenerative joint disease (DJD), and diabetes-related neuropathy, were denied. The Board found no current disability as claimed in any of these cases.

The Veteran's cervical spondylosis is currently rated at 20 percent, and the Board has remanded this issue for further development. The TDIU claim prior to September 11, 2013, is also being remanded.

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation consistent with his education and work history, warranting a TDIU on an extra-schedular basis.

The Board has remanded the claims for an acquired psychiatric disorder, cervical spine disorder, and lumbar spine disorder due to incomplete development of evidence.

The Board has denied the Veteran's claims of service connection for right knee, left knee, right thumb, left thumb, and cervical spine conditions due to a lack of evidence showing these disabilities began during active service or are otherwise related to an in-service injury or disease.

The Veteran's degenerative arthritis of the cervical spine is currently rated at 10 percent from November 1, 2006 to September 25, 2019 and at 20 percent thereafter. The Board has granted a 20 percent rating for the entire period on appeal.

The Board has remanded the case due to inadequate medical opinions regarding whether the Veteran's cervical spine disorder was aggravated by her service-connected asthma. The case is being returned for further evaluation and a new opinion.

The Veteran's cervical spine disorder is currently rated at 20 percent, the maximum schedular rating available. The Board found that his forward flexion was to 25 degrees, which does not meet the criteria for a higher rating under Diagnostic Code 5243.

The Veteran's cervical spine disability is being remanded for a new VA examination to determine its current severity.

The Veteran's cervical spine disability is rated at 20 percent, but the Board has granted a 30 percent rating due to functional loss during flare-ups and regular use of medication.

The Board has remanded the case due to inadequate medical opinion regarding whether the Veteran's current cervical spine disability is related to his service-connected sarcoidosis and if it was aggravated by that condition.

The Board denied service connection for cervical spine, right shoulder, left shoulder, bilateral upper extremity peripheral neuropathy, bilateral carpal tunnel syndrome, and right wrist/hand disabilities due to lack of objective evidence showing these conditions within a year of separation from service. The Veteran's assertions that symptoms could be traced back to service were not credible given the long period since separation.

The Board has remanded the claims for service connection for lumbar and cervical spine disorders, as well as the TDIU claim due to insufficient medical opinions and incomplete work history information.

The Veteran's neck disability, including degenerative joint disease (DJD) of the cervical spine, is granted as service-connected. The Board found that DJD likely began within a year of his separation from service in April 2004.

The Veteran's service-connected disabilities do not render him unable to secure and follow a substantially gainful occupation, as he has experience in non-physical positions and is capable of performing sedentary work.

The Board has remanded the case due to an inadequate VA examination of the Veteran's cervical spine disability. The Veteran is required to provide updated treatment records and undergo a new VA examination.

The Veteran's bilateral upper extremity disability is being remanded because the AOJ did not properly inform him of his duty to assist in filing a claim for service connection for a cervical spine disability, which is necessary for secondary service connection. The issue will be adjudicated again after ensuring VA fully meets its duty to assist.

The Veteran's claims for effective dates earlier than April 9, 2019 for the award of service connection for cervical spondylosis, lumbago, and dyshidrotic eczema of the hands are denied as there is no credible indication of any earlier filed claims that were properly submitted.

The Board has remanded the Veteran's claims for esophageal stricture and TDIU due to practical difficulties in scheduling examinations, while maintaining that service connection for a cervical spine condition is denied and an initial compensable rating for restless leg syndrome is not warranted.

The Board has remanded several issues related to the Veteran's service connection claims, including for an evaluation of his umbilical hernia, bilateral hearing loss, right knee disability, retinal damage of the right eye, dry eye disability, sleep apnea, bilateral pes planus, and a cervical spine disability. The Veteran is also being remanded for further examination to determine if he has these conditions.