Neck / cervical spine decisions — 2020

The Board has remanded the cases of entitlement to a rating in excess of 20 percent for degenerative disc disease with cervical strain and entitlement to service connection for lumbosacral strain due to lack of VA treatment records from 1993 to present, and inadequate opinions regarding the etiology of the Veteran's lumbar spine disability.

The Veteran's disability evaluations for lumbar spine disorder, cervical spine disorder, left-shoulder disorder, right-wrist disorder, left-ankle disorder, and right-ankle disorder have been restored to their previous levels. No increased ratings are granted.

The Veteran's appeals for increased ratings were denied as the evidence did not meet the criteria for higher ratings under the applicable rating criteria.

The Veteran's GERD is rated at 10 percent and the Board found no evidence of a higher rating based on symptoms.,The Veteran's cervical spine degenerative disc disease was remanded for additional examination due to inadequate previous examinations, as per VA regulations.

The Veteran's claims for increased ratings for left and right upper extremity radiculopathy, as well as his cervical spine disability, were denied. The Board found that the evidence did not support a higher rating than 20 percent for bilateral upper extremity radiculopathy and 30 percent for cervical spine disability.

The Board has denied the Veteran's claims for service connection for tinnitus, lumbar strain (claimed as low back disability), left wrist ganglion cyst, heat stroke residuals, neck disability, and head injury residuals to include headaches.,Service connection was not granted for any of these conditions due to a lack of evidence linking them to service.

The Veteran's service-connected disabilities prevented him from obtaining and maintaining substantially gainful employment prior to May 1, 2015. From February 11, 2020 through February 10, 2020, the Veteran met the schedular requirements for a TDIU but was not granted one due to lack of evidence showing unemployability.

The Veteran's headaches are rated at 50% due to very frequent, prostrating attacks that cause severe economic inadaptability.,For cervical strain, a rating of 40% is granted since January 31, 2018, and the initial rating prior to this date remains at 20%. The Veteran's radiculopathy from his neck disability is also service-connected.

The Board denied service connection for lumbar spine, cervical spine, and right hip disabilities as well as an increased rating for residuals of a right leg fracture from July 13, 2013. The Veteran's claims were found to lack evidence supporting the presence of chronic conditions in service or within one year after separation.

The Veteran's cervical and thoracolumbar spine disabilities were granted a 20 percent rating effective from January 21, 2020. The disability ratings are subject to the criteria for diseases and injuries of the spine.

The Board has decided to remand the claims for service connection for various spinal and joint disorders, as the provided medical opinions are inadequate. The matter must be reconsidered with new evidence and a more detailed opinion.

The Veteran's service-connected disabilities, including PTSD, low back disability, neck disability, right shoulder degenerative arthritis, peripheral neuropathy, and dermatitis, have rendered him unable to secure or follow substantially gainful employment. The Board has granted a TDIU effective the date after his last day of work.

The Veteran withdrew his appeal in July 2020, indicating satisfaction with the decision.

The Board has remanded the issue of service connection for a cervical spine disorder due to inadequate and non-compliant medical opinions, as well as failure to address continuity of symptoms. The Veteran's claim will be further developed with an addendum opinion.

The Veteran's service-connected degenerative joint and disc disease of the lumbar spine and degenerative joint disease of the cervical spine prevented him from obtaining and retaining substantially gainful employment for which his education and occupational experience would have otherwise qualified him.

The Board has granted service connection for the Veteran's low back and neck disabilities, finding that it is at least as likely as not related to his military service.

The Veteran's cervical spine disability is granted at a 20 percent rating, effective from the date of the decision. The Veteran's PTSD and COPD are denied with ratings in excess of 10 percent prior to June 13, 2019, and in excess of 50 percent thereafter for PTSD, and in excess of 20 percent and 30 percent respectively for COPD. The Veteran's lumbar spine disability is remanded.

The Veteran's claim for a restored rating of 10% for his left shoulder scar is granted. The claim for service connection for sleep apnea has been reopened, and the issue remains pending. Service connection for neck disorder (cervical pseudoarthrosis and cervical spine arthritis) as secondary to left shoulder disability is granted. Service connection for cervical radiculopathy on the left side as secondary to the neck condition is also granted. The claims for service connection for hypertension and diabetes mellitus, type II are denied.

The Board has remanded the claims for service connection due to incomplete records and need for additional medical opinions. The Veteran's low back disability, right leg sciatica, neck disability, and right arm numbness are all in question.