Neck / cervical spine decisions — 2020

The Veteran's appeals for increased ratings were denied as a matter of law due to his failure to report for VA examinations.

The Veteran's service connection claim for degenerative joint disease of the cervical spine with a compression fracture and disc degeneration at C5/C6 is granted.

The Board has determined that the Veteran's claims for higher ratings for his cervical spine disability and service connection for quadriparesis are remanded due to outstanding VA treatment records, a need for updated examinations, and inadequate medical opinions.

The Veteran's claim for service connection for bilateral foot condition, presbyopia and astigmatism of the eyes, obstructive sleep apnea, left upper extremity radiculopathy, sciatic nerve radiculopathy, femoral nerve radiculopathy, surgical scars on knees, degenerative disc disease of the lumbar spine, degenerative joint disease of the left knee, total right knee replacement, cervical strain with intervertebral disc syndrome, tinea corporis and onychomycosis, gastroesophageal reflux disease, rectal fissures/hemorrhoids, malaria residuals, and service connection for TDIU have been granted. The Veteran's claims for earlier effective dates were denied.

The Board denied an increased rating for arthritis of the cervical spine and asthma with obstructive sleep apnea, but granted a 10 percent initial rating for gastroesophageal reflux disease (GERD).

The Veteran's claims for service connection for GERD and a psychiatric disorder are being reconsidered de novo due to the receipt of relevant official service department records.,Service connection is denied for bilateral hearing loss and tinnitus as there is no evidence that these conditions are related to military service.

The Veteran's claims for increased ratings for DJD of the lumbar spine and cervical spine were denied as his conditions did not meet the criteria for higher ratings under VA rating criteria.

The Board has remanded the case for additional development regarding service connection for cervical spine, thoracic spine, and right shoulder disabilities on a secondary basis to the Veteran's service-connected pain disorder.

The appellant withdrew their appeals for all service connection issues except PTSD and TDIU, resulting in the dismissal of these appeals.

The Veteran's appeals for service connection on the remaining issues have been withdrawn. The claims of asbestosis, pulmonary arterial hypertension, and pulmonary fibrosis are remanded due to inextricability with other claims.

The Veteran's claims for service connection and increased ratings for various shoulder, back, and foot disabilities have been denied. The Board found no current right elbow disability, and the right and left shoulder disabilities do not meet criteria for higher ratings under Diagnostic Code 5201. For the lumbar spine and cervical spine disabilities, the evidence did not show ankylosis or incapacitating episodes as required for higher ratings. The abdominal scar has not been manifested by disabling effects.

The Board has remanded the case due to inadequate opinions regarding the etiology of the Veteran's cervical spine disability and whether it is secondary to his service-connected lumbar spine disability.

The Board has granted the reopening of service connection for right shoulder, right knee, and left knee disorders based on new evidence that supports a link to service.

The Board has denied the Veteran's claims for increased ratings for his cervical and thoracolumbar spine disabilities, finding that the evidence does not support a higher rating based on current functional impairment.

The Veteran's eligibility for Post-9/11 GI Bill education benefits is granted as he served a minimum of 30 continuous days on active duty and was discharged under other than dishonorable conditions due to a service-connected disability.

The Board denied service connection for a cervical spine disorder, finding that the current disability was not causally related to an in-service injury.

The Board has remanded the service connection claims for bilateral hearing loss, tinnitus, colon cancer, COPD, heart disability, sleep apnea, peptic ulcer, hydrocele, type II diabetes mellitus, urothelial cancer (claimed as bladder cancer), cervical spine disability, peripheral neuropathy of the right upper extremity, peripheral neuropathy of the left upper extremity, peripheral neuropathy of the right lower extremity, peripheral neuropathy of the left lower extremity, right knee disability, and left knee disability. The cause of death claim is also remanded.

The Board has remanded several issues related to the Veteran's service connection claims due to new evidence and outstanding records. The claims for right ankle, left ankle, right knee, left knee, lumbar spine, weakness and lack of coordination of legs, radiculopathy of lower extremity, PTSD with dissociative symptoms and derealization, allergic rhinitis, headache disability, chronic fatigue syndrome, chronic sinusitis, fibromyalgia, irritable bowel syndrome, respiratory disability, cervical spine disability, tremors of hands, and costochondritis are being remanded for further development.

The Board has remanded the Veteran's claims for service connection for a back disability and headaches due to inadequate opinions regarding whether these conditions are proximately due to or aggravated by her service-connected bilateral foot disability.

The Board has remanded the Veteran's claims for service connection for degenerative disc disease of the cervical and lumbar spine due to insufficient medical opinions addressing the continuity of symptoms since service.