Neck / cervical spine decisions — 2020

The Veteran's claims for higher ratings for his service-connected cervical spine, hypertension, and ED disabilities are denied. The claim for a bilateral ankle disorder is remanded due to the need for additional examination.

The Board has granted a schedular TDIU from January 29, 2018. The issue of an extraschedular TDIU prior to that date is referred for consideration.

The Veteran's spondylosis, degenerative disc disease, and strain of the cervical spine are found to be related to service. Service connection is granted.

The Veteran's service-connected lumbar spine disability, cervical spine disability, right and left lower extremity radiculopathy are all granted with increased initial ratings. Service connection for PTSD is also granted.

The Board has dismissed the appeals for compensation under 38 U.S.C. § 1151, service connection for residuals from surgery for implant of neurostimulator installed for chronic pain following cervical spine surgeries, right iliac crest bone graft associated with cervical spine surgery, migraine headaches, and hypertension due to lack of jurisdiction.

The Board previously denied service connection for cervical and lumbar spine disorders. The case is being remanded to obtain updated medical opinions regarding whether these conditions were incurred in service.

The Board has remanded the claims for accrued benefits due to pending appeals and a potential one-year window for filing a Notice of Disagreement. The RO must adjudicate these claims on their merits.

The Veteran's degenerative joint disease of the cervical spine is caused or aggravated by his service connected bilateral pes planus, and the Board has granted this claim based on giving the Veteran the benefit of the doubt.

The Board denied service connection for bilateral arm deformity, neck disability, and bilateral hearing loss due to lack of evidence showing a current disability during the pendency of the claim.,For left little finger, disjointed with scar, the Veteran's claim is remanded as there was no VA examination provided.

The Veteran's application to reopen claims of service connection for neck disability and bilateral neurological disability of the upper extremities was granted.

The Board has remanded the Veteran's claims for cervical spine, left wrist, and left ankle disabilities due to inadequate VA examinations and failure to seek all potentially relevant medical records.

The Veteran's appeals for increased ratings and service connection have been dismissed as the Veteran withdrew his appeal prior to a decision being made.

The Board has granted the application to reopen the claim for service connection of a lumbar spine condition. The claims for service connection of cervical spine and right shoulder conditions are remanded due to insufficient evidence.

The Board dismissed all issues related to the Veteran's claims for increased disability ratings as they were not properly appealed and the Veteran withdrew his appeal.

The Veteran's DDD of the cervical spine was granted a 20% rating effective February 28, 2018. The Veteran's degenerative arthritis of the lumbar spine was granted a 20% rating effective November 2, 2017. However, his hearing loss and TDIU claims were not resolved.

The Veteran's service-connected disabilities rendered him unable to secure or follow substantially gainful employment since April 24, 2009.

The Veteran's claim for SMC at the R-1 or R-2 level is remanded due to outstanding VA and non-VA treatment records. The AOJ should obtain these records and conduct further development as needed.

The Board has reopened the Veteran's claim for service connection for neck disability due to new and material evidence. The claims for service connection for headache disability, neurological impairment of the upper extremities, and neurological impairment of the lower extremities are remanded as they are inextricably intertwined with the reopening of the neck disability claim.

The Veteran's PTSD is rated at 70 percent prior to December 20, 2016. Beginning December 20, 2016, the rating for PTSD is denied as it does not meet the criteria for a higher rating.

The Board has determined that the VA examinations and medical opinions did not comply with the remand directives, thus the cases for service connection of low back disability and neck disability are being returned to the AOJ for further development.