Neck / cervical spine decisions — 2020

The Board has granted service connection for the Veteran's lumbar spine disability, but remanded the issue of service connection for a cervical spine disability.

The Veteran's initial ratings for cervical spine DDD and lumbar spine disability were granted, with the cervical spine rating being increased from 30% to 40%, effective June 21, 2013. The lumbar spine rating was also increased from 40% to 40%, but remains unchanged.

The Veteran's claims for increased ratings for various spinal and peripheral nerve disabilities have been denied. The effective dates for service connection are also denied.

The Veteran's claim for a higher rating for cervical spine degenerative arthritis was denied as the evidence did not show symptoms more nearly approximating unfavorable ankylosis of the entire cervical spine or unfavorable ankylosis of the entire spine.

The Board has remanded the case due to insufficient evidence regarding the current state of the Veteran's cervical spine disability. The Veteran is required to attend a VA examination to evaluate his condition.

The Board has granted service connection for the Veteran's cervical spine disability, finding that it is secondary to his service-connected thoracolumbar spine disability.

The Board has found that the Veteran's service-connected disabilities have resulted in a TDIU since March 29, 2016. The remaining issues of increased ratings for various disabilities are remanded due to the need for updated treatment records from Dr. J.K.

The Veteran's claim for a rating in excess of 10 percent for residuals of a right tibia fracture was denied. The claim for TDIU from November 7, 2008 to April 9, 2012 was granted.

The Veteran's claims for increased ratings for cervical spine disability, bilateral upper extremity radiculopathies, and mechanical low back strain have been denied. The VA has provided multiple remands to gather additional evidence and conduct examinations.

The Board has remanded the Veteran's claims due to inadequate opinions and new evidence, including a possible link between his cervical spine disability and service-connected lumbosacral strain.

The Board has granted service connection for multiple musculoskeletal disabilities, including cervical strain, multilevel DJD and DDD of the lumbar spine, left shoulder arthritis, right shoulder tendonitis, left hip arthritis, right hip trochanteric pain syndrome, bilateral patellofemoral pain syndrome, bilateral lateral collateral ligament sprain, and left foot Morton’s neuroma. Service connection for hearing loss was denied.

The Board has remanded four issues for further examination and/or clarification: a compensable rating for residuals of left great toenail removal, service connection to fibromyalgia with joint pain, service connection for cervical strain (upper thoracic cord lesion), and service connection for right foot bone spur. The Veteran's contentions will be addressed in the examinations.

The Veteran's bilateral patellofemoral syndrome and chronic cervical strain have been rated as 10 percent disabling, but the evidence does not support a higher rating for either condition.,The Veteran’s claims for increased ratings were denied because his knee conditions do not meet the criteria for higher disability ratings under applicable diagnostic codes.

The Veteran's cervical spine DJD is currently rated at 20 percent, but the Board denied a higher rating due to lack of evidence showing forward flexion limited to 15 degrees or less.,Prior to October 9, 2019, the Veteran's lumbosacral spine DJD was rated at 20 percent. Since then, it has been rated at 10 percent.

The Veteran's cervical spine disability is granted at a 30 percent rating effective from March 6, 2017. The previous rating of 20 percent prior to that date remains unchanged.

The Board has determined that additional information is required to decide the claims for left foot disorder, right leg shin splints, gastrointestinal disorder, acquired psychiatric disorder, and cervical spine disorder. The Veteran's service connection claims are being remanded for further development.

The Board has remanded the case due to insufficient medical opinion regarding the Veteran's left shoulder disability and cervical spine condition. The Veteran is required to provide additional evidence, including private treatment records and VA examination.

The Board has remanded the case due to concerns about the adequacy of the VA examination opinions regarding whether the Veteran's cervical spine disability is aggravated by his service-connected left shoulder disability. The AOJ must obtain a new opinion addressing the effects of all relevant service-connected disabilities on the Veteran's cervical spine, including his right knee and lumbar spine disabilities.

The Board has remanded the claims of service connection for hypertension, residuals of a fractured rib, kidney disease, lumbar spine disorder, cervical spine disorder, and erectile dysfunction. The Veteran's hypertension is not presumed due to his service in Southwest Asia.

The Board has vacated the previous decision and remanded both service connection for a cervical spine disability and entitlement to SMC due to an inadequate medical opinion. The case is being returned for further evaluation.