Neck / cervical spine decisions — 2020

The Veteran's service-connected undiagnosed skin disorder, manifested by skin flushing, was granted. The issues of increased ratings for generalized anxiety disorder and tension-type headaches, as well as the cervical strain with degenerative disc disease prior to January 28, 2020, and patellofemoral syndrome of the left knee with osteoarthritis remain pending.

The Board has remanded the claims for left shoulder disability, lumbar spine disability, GERD, and cervical spine disability due to incomplete record development. The Veteran's service-connected disabilities are not considered in determining secondary service connection.

The Board has found that the Veteran does not have a current diagnosis or symptoms for cervical spine disability, lumbar spine disability, skull condition, deviated septum, jaw scar and forehead scar. Therefore, service connection is denied for these conditions.

The Veteran's appeal for increased ratings on her service-connected scars of the abdomen, bursitis, lumbar spine disability, and cervical spine disability is remanded due to new evidence. An earlier effective date of August 26, 2009, for the 20 percent rating assigned for abdominal scars is granted.

The Veteran's cervical strain was granted an initial rating of 10 percent from May 31, 2016, to January 24, 2020. The appeal for a higher rating is denied during this period and beginning January 24, 2020. For lumbar strain, the Veteran was granted an initial rating of 20 percent from September 13, 2019, to January 23, 2020. The appeal for a higher rating is denied prior to this date and beginning January 24, 2020.

The Board dismissed the appeal due to the death of the appellant, and no service connection was granted or denied.

The Board has decided to remand the claims for bilateral knee disorder, bilateral ankle disorder, cervical spine disorder, left shoulder disorder, and bilateral hearing loss due to additional evidentiary development being required.

The Board has remanded the case due to a lack of clarity in determining whether the Veteran's service-connected disabilities interfere with his ability to dress, undress, feed himself, attend to the wants of nature, and protect himself from hazards. The Veteran is currently service connected for PTSD, DDD, hypothyroidism, strain left knee, strain right knee, degenerative changes in right hip, degenerative changes in left hip, and cervical spine issues.

The Veteran's claims for service connection for right and left shoulder disabilities, cervical spine disability, and left wrist carpal tunnel syndrome have been reopened. The Board finds new and material evidence has been received to reopen these claims.,Additional development is needed as the December 2006 VA examination assessing bilateral shoulder strain is inadequate for decision making purposes.

The claims of entitlement to service connection for right ankle arthritis, left ankle arthritis, right elbow disorder, left elbow disorder, right wrist disorder, and left wrist disorder have been reopened.,The claim of entitlement to service connection for cervical spine disability has been reopened.,The claim of entitlement to service connection for lumbar spine disability has been reopened.,The claim of entitlement to service connection for left rib disability has been reopened.

The Board has denied service connection for a lumbar spine disability and a cervical spine disability, to include neuropathy, as the evidence does not support that these conditions were incurred in or caused by active service.

The Board has granted service connection for carpal tunnel syndrome of the right and left upper extremities, a neurological disability of the right elbow (right cubital tunnel syndrome), and a cervical spine disorder with radiculopathy. The Board denied service connection for a right shoulder disorder and a left shoulder disorder.

The Veteran's initial compensable rating for allergic rhinitis, increased rating for cervical strain, and increased rating for lumbar strain have been denied. The issue of separate ratings for radiculopathy of the bilateral upper and lower extremities is remanded.

The Board has remanded the cases of service connection for Dupuytren's contracture of both hands and a cervical spine disability due to inadequate medical opinions in previous examinations.

The Board has remanded the Veteran's claims for sleep apnea, low back condition, cervical spine condition, bilateral hearing loss, tinnitus, right wrist condition, left wrist condition, right knee condition, and left knee condition due to additional development of evidence.

The Board denied the Veteran's claims for service connection for a cervical strain and radiculopathy of the right upper extremity, finding insufficient evidence to support these claims as secondary to his service-connected right shoulder injury.

The Veteran's cervical spine disability is granted as service-connected.,Service connection for sleep apnea is denied.,Service connection for kidney cancer is denied.,Service connection for head scar is denied.,Major depressive disorder is granted as service-connected.

The Board denied the Veteran's applications to reopen claims for service connection for loss of strength in the right hand, right ear hearing loss, and a cervical spine disability. The claim for loss of strength in the right hand was denied because no new and material evidence was submitted within one year of the denial. The claim for right ear hearing loss was reopened due to new evidence attributing the hearing loss to service exposure. However, the Veteran does not meet the criteria for a hearing loss disability under VA regulations. The cervical spine disability claim was denied as there is insufficient evidence linking the condition to service.

A 30 percent rating for cervical spine is granted.,A 40 percent rating for radiculopathy, left upper extremity from September 15, 2014 is denied.

The Board has remanded the cases for further development due to insufficient evidence regarding the etiology of the Veteran's back and neck disabilities. The skin condition claim is denied.