Neck / cervical spine decisions — 2020

The Veteran's cervical spine disability is rated at 30 percent since September 26, 2003. The rating was granted for the period from September 26, 2003 to January 1, 2006 when a temporary total rating based on convalescence following surgery is also granted.

The Veteran's initial rating for cervical myelopathy, status post discectomy and fusion, is denied as it did not meet the criteria for an increased rating. The Veteran's surgical scars of the neck are also denied as they do not warrant a compensable rating.

The Veteran's cervical and thoracolumbar spine disorders are granted service connection as they were aggravated in service. The right knee disability and bilateral foot disorder, including plantar fasciitis, are remanded for further examination.

The Board has remanded the claims for increased ratings for cervical and thoracolumbar spine disabilities due to inadequate examinations conducted in January 2020. The VA is required to conduct addenda or new examinations addressing the nature and severity of the Veteran's service-connected spinal disabilities, including effects on functional ability during flare-ups and repetitive use.

The Board has denied the Veteran's claims for service connection for a cervical spine disability and bilateral shoulder disabilities, finding that there is no evidence of chronic conditions in service or within one year post-service, and that any current conditions are not related to military service.

The Board has ordered additional VA examinations for the Veteran's claimed cervical spine and seizure disabilities, as well as his bilateral hearing loss disability and tinnitus. The claims are being remanded due to potential issues with notice of previously scheduled examinations.

The Veteran's claims for service connection for a low back disability and headache disability, to include as secondary to a cervical spine disability with radiculopathy, are being remanded due to the need for additional medical opinions regarding the etiology of these disabilities.

The Veteran's appeal includes issues related to the reduction of his cervical spine arthritis rating, service connection for fibromyalgia or chronic pain, and various other disability ratings. The Board has determined that additional development is necessary in all these matters.

The Board has remanded the Veteran's claims for service connection and increased rating due to a lack of recent VA examinations addressing his back, neck, and neurological conditions. The case is being returned to the RO for further development.

The Veteran's cervical spine disability was denied a higher rating as it did not meet the criteria for an increased rating. The right hip degenerative joint disease with bursitis also failed to warrant a higher rating.

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

The Veteran's low back and neck disabilities are granted as secondary to his service-connected right and left knee patellofemoral syndrome, and right rotator cuff tear with Mumford procedure, subacromial decompression and anterior labral tear, respectively.

The Board has determined that the Veteran's current cervical spine disability is not related to his active service, and therefore denied his claim for service connection.

The Veteran's type II diabetes mellitus has been granted service connection. The Board has remanded the issues of cataracts, hypertension, bilateral peripheral neuropathy of the upper extremities, and cervical spine disability for further development.

The Veteran's cervical spine disability is rated at 30 percent, which does not meet the criteria for a higher rating as it does not involve ankylosis or incapacitating episodes.

The Board has dismissed the Veteran's claims of service connection for various conditions as they were not properly appealed after a higher level review.

The Veteran's migraines are caused by his service-connected left shoulder strain and degenerative arthritis, status post rotator cuff repair with residuals. The Veteran does not have a separate nerve condition or muscle condition of the left shoulder. Service connection for nerve conditions of the neck is remanded due to lack of a VA examination.

The Veteran's cervical spine condition is granted service connection. The remaining issues of COPD, diabetes, hypertension, left hip condition, right hip condition, and right knee condition are remanded for further development.

The Veteran's service-connected disabilities do not meet the criteria for specially adapted housing or a special home adaptation grant due to their impact on his upper and lower extremities, as they do not result in loss of use of both upper or lower extremities.

The Veteran's claim for service connection for a duodenal ulcer has been granted with an effective date of September 27, 1992. The issue of service connection for a cervical spine disability is remanded.