Neck / cervical spine decisions — 2020

The Veteran's claims for TDIU and DEA benefits prior to June 20, 2011 were denied as the evidence did not show he was unable to secure or follow a substantially gainful occupation due to his service-connected disabilities.

The Veteran's appeal is partially granted, with a 30 percent disability rating for rheumatic heart disease effective September 25, 2015. The issue of service connection for a neck disorder remains pending and requires further development.,Service connection for the Veteran’s neck disorder will be remanded due to insufficient evidence regarding its etiology.

The Board has denied the Veteran's claims for service connection for a cervical spine condition, finding that there is no evidence to support a link between his current condition and his active duty service or any service-connected conditions.

The Board has granted service connection for osteoarthritis of the cervical spine, lumbar spine, hands, and feet. The radiculopathy of both lower extremities is also service connected as secondary to the service-connected osteoarthritis of the lumbar spine. Service connection was denied for rheumatoid arthritis and a respiratory disorder (COPD and asthma).

The Board has granted service connection for cervical spine degenerative joint disease. The issues of entitlement to service connection for a right shoulder disability, skin condition (rosacea), autoimmune hepatitis, hepatic steatosis, residuals of liver transplant, and hepatic encephalitis are remanded.

The Board has remanded the Veteran's claims for additional development due to missing records and deficient examinations. The issues include rating his lumbar spine degenerative changes, cervical syndrome with mild degenerative changes, and TDIU.

The Board has determined that the VA examinations conducted in January 2020 were inadequate and remanded for further examination. The Veteran's cervical spine disorder, left ankle disorder, bilateral knee disorders, and left foot disorder are all being remanded for additional evaluations.

The Board has dismissed the appeals for osteoarthritis of the low back, bilateral hearing loss, renal condition, right hip disability, cervical spondylosis, left knee disability, and left hand disability as the Veteran withdrew his appeal.

The Veteran's rotoscoliosis and intervertebral disc syndrome (lumbar spine disability) are currently rated at 40 percent, but the Board finds that a higher rating is not warranted.,Service connection for degenerative arthritis of the bilateral shoulders and cervical degenerative disc disease remains pending as additional development is needed.

The Board denied the Veteran's claims for an effective date prior to January 27, 2014, for the awards of service connection for a cervical spine disability and bilateral knee disabilities.

The Board has remanded the case due to insufficient information regarding the Veteran's cervical spine disability and a potential entrance examination prior to his service.

The Veteran's headaches associated with TBI are rated at 50 percent, the maximum schedular rating under DC 8100.,PTSD is currently rated at 70 percent and does not meet the criteria for a higher rating.

The Veteran's claims for increased ratings and service connection were denied. The Veteran was granted a 20 percent rating for his left ankle disability, cervical strain with degenerative arthritis, and lumbosacral strain from March 3, 2014. Service connection for chronic gastritis and GERD were not established.

The appeal concerning entitlement to a higher initial disability rating for service-connected right hip arthritis has been withdrawn and is dismissed. The appeals concerning eligibility for financial assistance in the purchase of one automobile or other conveyance and/or automobile adaptive equipment, as well as service connection for thoracic syrinx with reflexive sympathetic dystrophy and status post-surgical repair syringomyelia with degenerative changes of cervical spine have also been withdrawn and are dismissed. The appeal concerning service connection for a right-hand disability is remanded. The appeal concerning service connection for a right arm disability is remanded. The appeal concerning service connection for a left ankle disability is remanded. The appeal concerning entitlement to a total disability rating based upon individual unemployability due to service-connected disability (TDIU) is also remanded.

The Veteran's claims for increased ratings for cervical and lumbar spine disabilities have been denied as the evidence does not show that his conditions meet or approximate the criteria for a rating in excess of 20 percent.

The Board has remanded the cases for further development and examination due to inconsistencies in medical records and the Veteran's assertions regarding his January 2020 knee examinations. The cases are also remanded for a determination on SMC based on TDIU.

The Board has denied the Veteran's claims for service connection for right hip, neck, and low back disabilities due to a lack of evidence linking these conditions to his military service.

The Board has remanded the issues of service connection for headaches, neck disability, and back disability due to inadequate examination reports. The Veteran's heart disorder is denied as not related to service or a service-connected condition.

The Board has remanded the Veteran's appeals for additional development due to missing documents within the claims file, including additional evidentiary submissions or statements by the Veteran. The matter must be remanded in order to ensure compliance with the Board’s remand instructions.

The Board has decided that the Veteran's cervical spine arthritis, which is service-connected as secondary to her trapezius muscle tendonitis, should be remanded for further examination and opinion.