Neck / cervical spine decisions — 2020

The Board has remanded the Veteran's claims for cervical spondylosis and right shoulder acromioclavicular joint separation status post-surgical repair with osteoarthritis, as well as his claim for a total disability rating based on individual unemployability (TDIU) prior to August 22, 2019. The remand requires additional examinations and development of the claims.

The Board denied the Veteran's claim for service connection for cervical spine early degenerative spondylosis at C4-C5, as due to his service-connected lumbosacral strain syndrome. The VA examiner concluded that the Veteran’s current cervical spine condition was not caused or aggravated by his service-connected lumbosacral strain.

The Veteran's claimed conditions were not incurred or aggravated by service, and the Board denied all claims.

The Veteran's cervical spine disorder is not service-connected as it was not caused or aggravated by his military service.,For the period prior to February 12, 2015, the Veteran's left ankle condition resulted in a torn ligament and partial tear of the superficial, deep deltoid ligament, spring ligament. The rating assigned is 20 percent for this period.

The Veteran's service-connected PTSD alone, along with other disabilities independently rated at least 60 percent, qualifies him for special monthly compensation (SMC) effective December 7, 2018. The Veteran is also granted a total disability rating due to individual unemployability (TDIU).

The Board has remanded the cases for additional development due to concerns about the current nature and severity of the Veteran's cervical spine disability, as well as her ability to engage in substantially gainful employment.

The Board has remanded several issues related to the Veteran's service connection claims, including for a left ankle disorder, CTS of the upper extremities, and various hip and knee disorders. The Veteran is also seeking higher initial ratings for her lumbar spine and right hip disabilities.

The Veteran's initial claim for increased ratings for degenerative arthritis of the lumbar spine and cervical spondylosis was denied. The VA granted a 50% rating for insomnia from May 24, 2017 to January 27, 2020.,From January 28, 2020 onwards, the Veteran's claim for increased ratings for insomnia with major depressive disorder was denied.

The Veteran withdrew his claim of service connection for a neck disability before the Board could make a decision.

The Board has found that the VA examination and opinions are inadequate, requiring a new VA examination to determine if the Veteran's right shoulder disability is related to service or secondary to his cervical spine condition.

The Veteran's appeal for a higher disability rating for his cervical spine spondylosis and degenerative disc disease was dismissed as the Veteran elected to have all of his appeals reviewed under the AMA system.

The Board has remanded several issues, including increased evaluations for various spine and joint conditions, as well as service connection for asthma. Additionally, the TDIU claim is also being remanded.

The Veteran's service-connected conditions do not render her unable to secure or follow a substantially gainful occupation.

The Veteran's cervical radiculopathy of the left upper extremity is granted a 30 percent evaluation, but no higher. The issues of service connection for sleep apnea and TDIU are remanded.

The Veteran's claims for bilateral hearing loss, tinnitus, migraine headaches, left hip disability, cervical spine disability, and chronic urinary tract infections are all being remanded due to the need for additional medical opinions.,Service connection is not granted for bilateral hearing loss as there is no current hearing loss disability. Service connection is granted for tinnitus.

The Board has remanded the case for a new VA examination to assess the severity of the Veteran's cervical spine disability and for her to complete a VA Form 21-8940 regarding unemployability due to her service-connected condition.

The Veteran's PTSD with MDD disability is remanded for a new VA examination to assess the current severity of his symptoms.,The Veteran's chronic sinusitis is remanded due to insufficient evidence addressing whether it is related to burn pit exposure while serving overseas.,The Veteran's obstructive sleep apnea is remanded as there was no opinion regarding its relationship to PTSD with MDD and/or service-connected conditions, including burn pit exposure.,The Veteran's cervical spine disability is remanded for a VA examination to determine if it had its onset in service or is otherwise related to active service.,The Veteran's peripheral neuropathy of the left and right upper extremities is remanded as there was no opinion regarding whether it is related to PTSD with MDD.

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

The Veteran's claim for service connection for vertigo has been reopened, but the Board finds new and material evidence not received. The claim of service connection for cervical spinal stenosis is granted as it is proximately due to a service-connected lumbar spine disability.,The effective date for TDIU remains pending as the Veteran's claim for service connection for vertigo has been remanded, and the rating for cervical stenosis will be assigned after the grant of service connection.

The Board has remanded the Veteran's claims for low back disability, cervical spine disability, coronary artery disease, bilateral hearing loss, and tinnitus due to a lack of service treatment records. The Veteran is seeking service connection for these conditions based on his military service in South Korea.