Neck / cervical spine decisions — 2020

The Board has decided to remand the Veteran's claims for higher ratings for cervical spine and headache disabilities due to outstanding treatment records and the need for new examinations.

The Board has denied service connection for back and neck disabilities, finding that the Veteran did not have a disease or injury during active duty that caused his current conditions. The Board also found no evidence of arthritis within one year after separation from service. As such, the claim is denied.

The Veteran's claims for effective dates prior to January 18, 2007 for service connection of various disabilities have been denied.

The Board has remanded the Veteran's claims for an initial rating in excess of 10 percent for his service-connected degenerative arthritis of the cervical spine and lumbosacral strain due to inadequate examinations. The Veteran is required to undergo new VA examinations that address the current severity of his disabilities, including a discussion of his symptoms and limitations.

The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151 for residual disability due to cervical spine surgery, finding that there was no evidence showing the disability resulted from VA carelessness or negligence.

The Board has decided to remand the Veteran's claims for service connection for a cervical spine disorder and residuals of a traumatic brain injury due to incomplete service treatment records and missing military personnel records. The Veteran should be afforded a VA examination to determine if his current cervical spine disorder is related to an in-service motor vehicle accident.

The Veteran's service-connected disabilities do not result in a loss or loss of use other than an upper extremity, and he is not service-connected for a severe burn injury or amyotrophic lateral sclerosis. The Board finds that the Veteran does not meet the criteria for eligibility for specially adapted housing or special home adaptation.

The Veteran's claims for service connection have been remanded due to the need for additional medical opinions regarding the etiology of his cervical spine and right shoulder disorders.

The Board has granted the Veteran's claims for reopening of his service connection claims for right knee, left knee, and neck disabilities, all secondary to a service-connected back disability. The claims are remanded for further examinations to determine the nature and etiology of these conditions.

The Board has remanded the cases for further examination and opinion regarding service connection for cervical spine, headaches, left hand, and right hand conditions. The effective dates for increased ratings for neuritis of the lower extremities remain unchanged.

The Veteran's degenerative disc disease of the cervical spine is rated at 20 percent since December 10, 2019. The Board denied an increased rating for his condition prior to that date.

The Board has denied the Veteran's claims for service connection for a cervical spine disorder and a right shoulder disorder, finding that there is no credible evidence linking these conditions to her military service.

The Board denied service connection for various conditions, including lumbar and cervical spine disabilities, prostate disability, hemorrhagic fever (claimed as 'hemoratic' fever), ischemic heart disease, diabetes mellitus type II, neuropathy of the left lower extremity, and macular degeneration. The claims were based on direct service connection without any presumption or exposure to herbicide agents.

The Board denied the Veteran's claim for VR&E services due to his service-connected disabilities not meeting the threshold requirements of having an employment handicap, despite his master’s degree and over 20 years of experience in healthcare.

The Board has remanded the Veteran's claims for cervical spine disability and left arm or wrist condition, to include as secondary to service-connected left shoulder disability or lumbar spine disabilities. The claims are being returned for further development including examinations.

The Veteran's petition to reopen claims for service connection for various conditions has been granted. The Board also remanded several issues related to the Veteran's disabilities, including cramps of the lower extremities, right shoulder disability, right wrist disability, memory loss due to a motor vehicle accident, cervical spine disability, joint pain, bronchitis, and an acquired psychiatric disability (including schizophrenia and depression).

The Veteran's service connection claims for cervical spine degenerative changes, low back spasm/strain, and right knee patellofemoral syndrome have been granted. The claim for a disability claimed as joint arthritis other than the cervical spine, low back, and right knee is denied. The rating for PTSD remains at 70 percent.

The Board has remanded the claims for service connection for low back and neck disabilities due to a failure to notify the Veteran of his missing service treatment records.

The Veteran's neck condition is granted as service connected due to in-service injury and continued symptoms after separation.

The Board has granted service connection for cervical spine disability and secondary left arm numbness, which are considered one disorder due to overlapping diagnoses. The decision is based on the Veteran's in-service injury during a jeep accident.