Neck / cervical spine decisions — 2020

The Board denied service connection for a cervical spine disability and denied entitlement to an evaluation in excess of 40 percent for degenerative disc disease of the lumbar spine. The Board also denied entitlement to a total rating based on individual employability due to service-connected disabilities prior to November 22, 2010 and denied entitlement to an effective date prior to November 22, 2010 for the grant of basic eligibility for Dependents’ Educational Assistance (DEA) under Chapter 35.

The Veteran's claims for service connection and initial rating have been remanded due to the need for additional evidence, including updated medical records, personnel records, and verification of in-service events.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities, finding that her service-connected conditions did not render her unable to secure or follow a substantially gainful occupation.

A 20 percent rating for left ankle arthralgia, sprain prior to October 28, 2015 is granted.,A 20 percent rating for left ankle arthralgia, sprain from October 28, 2015 to October 19, 2020 is granted.

The Board has remanded the cases for additional development due to insufficient opinions regarding the etiology of the Veteran's cervical spine and bilateral knee disorders, specifically whether they are aggravated by his service-connected foot disabilities.

The Veteran's claim for a higher rating for degenerative arthritis of the cervical spine was denied as his disability did not result in ankylosis or limitation of motion that would warrant a higher evaluation.,The Veteran's claim for a compensable rating for headaches was denied because he did not experience characteristic prostrating attacks, which is required for a 10% or higher rating under the applicable diagnostic code.

The Board has remanded the cases due to inadequate opinions and inextricably intertwined issues. The cervical spine disability claim is being reviewed again for service connection as secondary to a service-connected left knee disability, while the major depression claim remains pending.

The Board has remanded the claims of service connection for left shoulder strain, left ankle sprain, right ankle sprain, cervical spine disability, and lumbar spine disability due to a lack of an addendum opinion addressing whether the Veteran's current claimed conditions are related to her military service.

The Board has dismissed all the Veteran's claims for service connection as they are not related to his active duty service.

The Board dismissed the motion for revision based on clear and unmistakable error (CUE) because there was no final decision regarding the entitlement to a higher level of SMC, which is pending.

The Veteran's claims for increased evaluations for lower extremity radiculopathy and service connection for various shoulder, arm, and cervical spine disorders have been remanded due to the need for additional development.,The Board has determined that these issues are related to his service-connected lumbar spine disability.

The Board has remanded the cases of cervical spine, sinusitis, left ankle disability, and left foot disability due to insufficient evidence regarding their etiology.

The Veteran's claims for service connection have been remanded due to the need for additional medical opinions and development of records.

The Board has remanded the claims for service connection for a cervical spine disability, residuals of a neck injury, and herpes zoster with neurologic deficits due to incomplete opinions from the March 2018 VA examiner.

The Veteran's claims for diabetes, diabetic peripheral neuropathy of the upper and lower extremities, prostate disorder, and ED were denied as they are not related to service.,The Veteran's claims for cervical spine disorder, lumbar spine disorder, right shoulder disorder, left shoulder disorder, right hip disorder, left hip disorder, right ankle disorder, left ankle disorder, right foot disorder, and left foot disorder were also denied as they are not related to service.

The Veteran was found to be unable to secure and maintain substantially gainful employment due to his service-connected disabilities, particularly PTSD, which prevented him from performing the physical demands of his job as a corrections officer. The TDIU is granted for the period from November 8, 2011 to May 1, 2012.

The Board has remanded the cases of cervical spine disability and upper extremity radiculopathy due to insufficient evidence regarding their etiology. The Veteran's claims are being reviewed again with a focus on his in-service neck injury and treatment for torticollis.

The Veteran's claim of service connection for an acquired psychiatric disorder, to include anxiety, depression and PTSD is dismissed as the benefit sought on appeal has been granted.,The Veteran's claim of service connection for memory loss is denied because it is a manifestation of his service-connected PTSD with minor neurocognitive disorder and mild memory loss.

The Board has granted service connection for arthritis of the lumbar spine with spinal stenosis. The case is remanded to determine if there is a relationship between the Veteran's cervical spine disability and his service-connected lumbar spine disability.

The Veteran withdrew his appeals for increased ratings for bilateral hearing loss and dyshidrotic eczema of the hands. The Board dismissed these claims as withdrawn. His claim for TDIU was denied due to insufficient evidence showing he is unable to secure or maintain substantially gainful employment.