Neck / cervical spine decisions — 2020

The Board has granted a higher rating of 20 percent for radiculopathy of the left lower extremity, while other issues remain pending and are remanded.

The Veteran's lumbar spine disability was rated at 10% prior to August 22, 2017. The cervical spine disability was initially rated at 10%, and then increased to 20% effective August 22, 2017.,After August 22, 2017, the Veteran's cervical spine disability did not meet the criteria for a higher rating under VA regulations. The lumbar spine disability was rated at 10% prior to August 22, 2017 and remains at that level after August 22, 2017.,The Veteran’s right lower extremity radiculopathy is granted a separate 10% rating from August 1, 2019. The left lower extremity radiculopathy was not separately rated.

The Veteran's service connection claim for obstructive sleep apnea (OSA) is granted. The Veteran's claims for a compensable disability rating in excess of 20 percent disabling for degenerative joint disease, lumbar spine and service connection for a cervical spine condition are dismissed.

The Veteran's claims for chronic fatigue with sleep disturbances and degenerative disc disease (DDD) cervical spine are denied as there is no diagnosed disability related to service.,There is no evidence of a diagnosed condition in the service treatment records or subsequent medical records. The VA examiner concluded that the current conditions are not related to military service.

The Board has remanded the case due to inadequate medical opinions in a previous decision. The Veteran's upper extremity disabilities are being reviewed again with new evidence and an updated opinion.

Service connection for a neck disability is granted. A total disability rating based on individual unemployability (TDIU) is granted, effective March 9, 2019. The issues of service connection for right and left knee disabilities and increased rating for left foot pes planus with heel spur are remanded.

The Board has denied service connection for neck and low back disabilities, but has remanded the claim for acute pancreatitis due to its potential secondary relationship with a service-connected condition.

The Board has remanded the Veteran's claims for further development and readjudication due to insufficient medical opinions regarding the severity of his cervical spine and lumbar spine disabilities prior to August 23, 2011.

The Veteran's degenerative disc disease of the cervical spine was evaluated at a 10 percent rating prior to June 28, 2012, and higher than 20 percent thereafter. The Board found that his range of motion did not meet the criteria for a higher evaluation.

The Board denied service connection for cervical spine, left hip, right knee, left knee, right shoulder, and left shoulder disabilities as they were not incurred or aggravated during military service.

The Veteran's sleep apnea is granted as secondary to service-connected chronic sinusitis and allergic rhinitis. The left knee disability, neck disability, acquired psychiatric disorder (PTSD), and gastrointestinal disorder are denied due to lack of current diagnosis.

The Veteran's hip, knee, cervical spine, and lumbar spine disabilities are not service connected as they did not manifest during or within one year after service. The Veteran's bowel and bladder incontinence is also not service connected due to lack of a nexus between the condition and her military service.

The Board has granted a 10 percent rating for hypertension and has remanded the Veteran's claims for service connection of her right knee condition and cervical spine disability.

The Board has remanded the Veteran's claims for service connection for chronic low back pain and chronic cervical pain due to inadequate opinions in previous VA examinations. The case will be returned for further development.

The Board has denied the Veteran's claims for service connection for neck and back disabilities, finding that there is no evidence of a nexus between his current conditions and his military service.

Service connection is granted for cervical spine condition, right knee condition, and bilateral upper extremity radiculopathy as secondary to service-connected cervical spine condition.,Service connection is denied for left hip strain.

The Board has remanded the claims for compensation under 38 U.S.C. § 1151 and service connection for CAD, DM, and HTN secondary to cervical/lumbar spine disabilities due to incomplete development of evidence.

The Board has remanded three issues: a higher rating for neck disability, a higher rating for radiculopathy of the left lower extremity, and TDIU. The remand requires further development to determine if the Veteran's service-connected cervical spine disorder resulted in prescribed bed rest.

The Board has remanded the case due to new evidence received, and will require an addendum opinion from a VA examiner regarding whether the Veteran's current low back condition is related to his in-service motor vehicle accident or aggravated by his service-connected cervical spine degenerative disc disease.

The Veteran's claim for CRDP payments prior to September 1, 2014 was denied. The Board also found a pre-decisional duty to assist error and ordered the RO to send the Veteran a notification letter regarding an October 2017 audit indicating he was entitled to a retroactive compensation payment of $984.00 for the period from January 2017 to May 2017.