Neck / cervical spine decisions — 2020

The Veteran's cervical spine arthritis pain began in service due to two falls and has continued since then. The Board granted the claim for service connection.

The reduction from a 60 percent rating to a 20 percent rating for cervical arthritis was improper, and the 60 percent rating is restored. The Veteran's service-connected cervical arthritis with left upper extremity radiculopathy continues to meet criteria for a TDIU.

The Board denied service connection for cervical spine disorder, left wrist CTS, right wrist CTS, RUE cervical radiculopathy, and LUE cervical radiculopathy. Service connection was also denied for DM as it is not shown to be related to service or a service-connected disability.

The Board denied the Veteran's claims for service connection for various conditions including bilateral elbow, wrist, knee disorders, a heart disorder, and a low back disorder due to lack of evidence showing these conditions were incurred or aggravated during his military service.

The Veteran's cervical spine disability was granted a 20 percent evaluation prior to May 17, 2019 and a 30 percent evaluation as of that date.,Separate evaluations of 40 percent for right upper extremity radiculopathy and 30 percent for left upper extremity radiculopathy were granted effective from May 17, 2019.

The Board denied service connection for a cervical spine disability, finding that the Veteran's current condition is not related to his active military service.

The Board denied service connection for a lumbar spine disability, claimed as right back pain and cervical spinal stenosis. The Veteran's claims were not supported by medical evidence linking his current conditions to his military service.,Service connection was also denied for cervical radiculopathy of the right upper extremity and depression on the basis that there is no direct link between these conditions and his military service.

The Board denied the Veteran's claim for service connection for cervical radiculopathy of the bilateral upper extremities, including as due to a service-connected cervical spine disability. The evidence did not support the existence of current disability related to active service or caused by his service-connected cervical spine disability.

The Board has remanded the claims for cervical-spine disorder and thoracic-spine disorder due to insufficient consideration of the Veteran's lay evidence, particularly his testimony at a Travel Board hearing.

The Veteran's claims for higher ratings on several service-connected disabilities are being remanded due to the need for additional examinations and opinions.

The Veteran's service-connected disabilities do not require him to be in need of regular aid and attendance or factually housebound due to his conditions.

The Veteran's claim for an increased rating for sciatica, right lower extremity is denied. The claim for service connection for a neck disability with headaches has been reopened but not yet decided on the merits. The TDIU claim is remanded.

The Board has denied an increased rating for the Veteran's cervical spine disability, but has remanded the issue of a separate evaluation for cervical radiculopathy. The Veteran is currently rated at 20 percent for his cervical spine disability.

The Board has determined that the Veteran's claims of service connection for a cervical spine disorder and bilateral foot disorder have not been fully addressed due to lack of compliance with previous remand directives. The case is being returned to the RO for further action.

The decision denies additional attorney fees as a result of past due benefits awarded in the November 24, 2014 rating decision for service connection for PTSD, scar of the cervical spine, and tension headaches, along with grants of SMC-HB and TDIU.

The Board has remanded the Veteran's claims of service connection for cervical spine, right hip, and left hip disabilities due to in-service injuries. The VA will obtain in-patient hospital records from his period of active duty and provide a VA examination to determine if his current disabilities are related to his military service.

The Board has remanded the Veteran's claims for cervical spine disability, lumbosacral strain rating, and TDIU due to outstanding VA treatment records and private treatment records. The Veteran needs to be provided with a VA examination to determine if his cervical spine disability is related to service or secondary to his lumbosacral strain.

The Board has remanded the Veteran's claims for cervical spine disability, incomplete paralysis of the right ulnar nerve, and incomplete paralysis of the left ulnar nerve due to outstanding VA treatment records and authorization for private treatment records.

The Board has remanded the Veteran's claims for service connection for lumbar and cervical spine disabilities due to incomplete development of records, including missing service treatment records. The Veteran is presumed to have been in sound condition upon entry into active duty service, but must provide clear and unmistakable evidence that his pre-existing conditions were not aggravated during service.

The Veteran does not have a current diagnosis of an acquired psychiatric disorder other than PTSD, and his nose injury residuals are unrelated to service.,The preponderance of the evidence shows that the Veteran's COPD is not related to service.,The preponderance of the evidence shows that the Veteran’s cervical spine (neck) disability is not related to service.,The preponderance of the evidence shows that the Veteran’s lumbar spine (low back) disability is not related to service.,The preponderance of the evidence shows that the Veteran’s rheumatoid arthritis is not related to service.,The preponderance of the evidence shows that the Veteran does not have a current diagnosis of acute febrile illness, and his left lower extremity scarring due to MRSA infection is not related to service.,The preponderance of the evidence shows that the Veteran’s sleep disability (OSA and chronic insomnia) is subsumed under his service-connected PTSD diagnosis.