Neck / cervical spine decisions — 2020

The Board has remanded the Veteran's claims for increased ratings for right and left shoulder tendonitis, as well as cervical spine sprain. The claims are being returned to the RO for further development including scheduling VA examinations.

The Veteran's claim for service connection for TBI is denied as there is no evidence of a current disability during the appeal period.,Service connection for cervical spine disability is granted based on consistent reports from the Veteran and corroborated by his military occupational specialty.

The Board has remanded the claims for further development due to outstanding VA treatment records from the Syracuse VAMC. The Veteran's conditions will be evaluated based on new medical opinions.

The Veteran's claims for effective date earlier determinations have been withdrawn.,The Veteran's claims for effective date earlier determinations have been withdrawn.,The Veteran's claims for effective date earlier determinations have been withdrawn.,The Board has determined that the Veteran does not have a current disability related to his bilateral knee service, and thus denied these claims.,The Board has determined that the Veteran does not have a current disability related to his cervical spine service, and thus denied these claims.,The Board has determined that the Veteran does not have a current disability related to his bilateral shoulder service, and thus denied these claims.,The Board has determined that the Veteran does not have a current disability related to his hiatal hernia/acid reflux service, and thus denied these claims.,The Board has determined that the Veteran does not have a current disability related to his GERD service, and thus denied these claims.

The Board denied service connection for a cervical spine disorder and remanded the left ankle/left foot disorder due to insufficient evidence.

The Veteran's appeal has been dismissed as he withdrew his appeals for higher initial ratings of patellofemoral pain syndrome of both knees, bilateral plantar fasciitis, and cervical strain.

The appeal for service connection for left lower extremity tremors is dismissed. The issues of entitlement to service connection for right upper extremity radiculopathy and tremors, left upper extremity radiculopathy and tremors, and an initial rating in excess of 10 percent for the cervical spine disability are remanded.

The Veteran's service-connected disabilities render him in need of regular aid and attendance, which is granted.

The Veteran's depressive disorder is granted as secondary to his service-connected migraine headaches and right upper extremity radiculopathy disabilities. The rating for migraine headaches remains at the maximum 50 percent, but a higher rating is denied. Tinnitus is rated at the maximum 10 percent, with no higher rating available. The cervical spine disability is rated at 20 percent, with no higher rating available. An earlier effective date for service connection of migraine headaches and tinnitus is denied. Service connection for traumatic brain injury, bilateral hearing loss, and TDIU are remanded.

The Veteran's DMII does not require regulation of activities, and his lumbar spine disability is currently rated at 20 percent prior to May 8, 2019, and 20 percent thereafter. The Veteran’s right shoulder, cervical spine, right knee, and right foot disabilities are all rated at the maximum allowable under their respective diagnostic codes.,The Veteran's fecal leakage and chronic nerve problems were not found to be service-connected.

The Board has granted service connection for cervical and lumbar spine disorders, as well as left lower extremity radiculopathy (claimed as residuals of a left leg fracture), finding that these conditions are related to the Veteran's service.

The Board has dismissed the appeals for issues related to effective dates and service connection.,The Board has also remanded several claims, including those for increased ratings and TDIU based on migraine headaches.

The Veteran's acquired psychiatric disorder other than PTSD, lower back disability, cervical spine disability, and arthritis have been granted service connection. The Veteran's erectile dysfunction secondary to his service-connected acquired psychiatric disorder has also been granted service connection. However, the Veteran's yeast infection secondary to CPAP therapy for sleep apnea remains pending.

The Board has remanded the issues of service connection for a low back injury and neck injury (claimed as cervical spine disorder) due to insufficient development. The Veteran's current diagnoses are not related to his honorable period of service.

The Board denied the Veteran's claims of service connection for cervical spine, left shoulder, and right shoulder disorders due to a lack of evidence linking these conditions to his military service.

The Board denied service connection for a cervical spine disability and denied increases in the staged ratings for PTSD and right knee patellofemoral syndrome. The Veteran's claim for TDIU prior to December 14, 2015 was also denied.

The Board has remanded the Veteran's claims for service connection for a neck disability and bilateral hip disability, as secondary to his service-connected back disability. The case is being returned for further development.

The Veteran's claim for a higher rating for IVDS of the thoracolumbar spine prior to March 11, 2017 is denied.,A compensable rating for RLE radiculopathy prior to March 11, 2017 is granted.,The Veteran's claim for a higher rating for IVDS with cervical strain prior to February 14, 2015 is denied.,The Veteran's claim for a higher rating for post-operative right shoulder debridement/bursectomy/decompression/SLAP repair (dominant) prior to February 14, 2015 is denied.

The Board has reopened the Veteran's claims for service connection for a cervical spine disability and a right hand disability, including the right thumb. However, further development is needed as there are no etiological opinions linking these disabilities to service.

The Veteran's right knee disability is currently rated at 10 percent for limitation of motion, and his cervical spine condition is rated at 20 percent. Both conditions are denied as the evidence does not support a higher rating.,The Veteran’s right knee has been rated based on limitation of flexion, with no compensable extension limitation. His cervical spine condition is currently rated based on forward flexion limited to 15 degrees or less.