Neck / cervical spine decisions — 2020

The Board has remanded the case for referral to the Director, Compensation Service, for a determination under 38 C.F.R. § 4.16(b) regarding entitlement to a TDIU prior to May 20, 1999, on an extraschedular basis.

The Board has remanded the Veteran's claims for an increased evaluation and to establish service connection due to insufficient evidence in some cases, including lack of x-ray reports. The Veteran is also being asked to provide additional information regarding his TDIU claim.

The Board has remanded the claims for service connection for left shoulder and cervical spine disabilities due to additional development being needed.

The Board has remanded the cases of bilateral plantar warts and a neck disability due to inadequate medical opinions. The Veteran's service connection claims for these conditions are being reviewed again.

The Board has remanded the claims of service connection for upper right and left extremity peripheral neuropathy due to a lack of opinion regarding whether these conditions are related to diabetes mellitus or ischemic heart disease.

The Board has determined that there are outstanding treatment records not currently associated with the claims file, and therefore, the issues of service connection for bowel disability, neck disability, spinal curvature, shoulder disability, head tremors, acquired psychiatric disorder, flat feet, and right pinky finger disability are being remanded to obtain these records.

The Board denied the Veteran's claim for a TDIU as his service-connected disabilities have not rendered him incapable of securing or following a substantially gainful occupation.

The Board has remanded the Veteran's claims of service connection for left shoulder and cervical spine disabilities due to potential interrelatedness. The case will be returned for further development.

The Veteran's appeal of service connection for sciatica, subluxation of the ribs, bilateral elbow disability, bilateral wrist/hand disability, bilateral ankle disability, pelvic disorder, residuals of an abdominal muscle injury, varicose veins (bilateral lower extremity), dizzy spells, balance impairment with assistive device, and difficulty swallowing has been dismissed.,The Veteran's appeal of service connection for a bilateral hip disability secondary to cervical, thoracic, and lumbar spine disabilities is remanded.

The Board has denied the Veteran's claims for service connection for low back and cervical spine disabilities due to a lack of credible evidence of an in-service injury. The Veteran's statements regarding his in-service injury are deemed less credible than other contemporaneous evidence, including his service personnel records and medical history.

The Board has remanded the claim for a neck disability due to insufficient evidence, including the need for an examination and medical opinion.

The Board has remanded the claims for increased ratings for various service-connected disabilities, including right shoulder DJD, thoracolumbar spine DJD, cervical spine DJD, left index finger fracture, and right foot plantar fasciitis. The Veteran's claim of osteopenia/osteoporosis was vacated by a Joint Motion and remanded for further development.

The Veteran's service-connected disabilities do not prevent him from obtaining and maintaining substantially gainful employment.

The Board denied service connection for neck and back disorders, finding that the Veteran's conditions were not incurred during active duty service.

The Board has remanded the Veteran's claims for service connection due to issues being inextricably intertwined and insufficient evidence. The case must be returned for further examination and opinion.

The Board has determined that additional development is needed to address the Veteran's claims for service connection due to conflicting medical opinions and lack of clear evidence regarding his claimed conditions.

The Veteran's right hearing loss disability is not supported by the evidence of record.,There is no current diagnosis or treatment for a right hip disability, left hip disability, right knee disability, left knee disability, or cervical spine disability (degenerative disc disease).,The Board finds that service connection for these conditions cannot be granted as there is insufficient evidence to establish the presence of a current disability.

The Board has remanded the case to determine if a total disability rating based on individual unemployability (TDIU) should be granted on an extraschedular basis prior to July 10, 2018 due to service-connected disabilities.

The Veteran's service-connected lumbar and cervical spine disabilities have been rated at 40 percent since August 1, 2016. The Board has granted temporary total disability ratings for convalescence following specific surgeries on the lumbar and cervical spines.

The Veteran's cervical spine disability is rated at 20 percent, and his sciatica of the left leg is also rated at 20 percent. The Veteran's sciatica of the right leg remains at 0 percent.