Neck / cervical spine decisions — 2020

The Veteran's claims for increased ratings and service connection were denied. The TBI claim was denied as the evidence did not show total impairment, and separate psychiatric diagnoses of PTSD and major depressive disorder were found to be related to his panic disorder without agoraphobia.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's current cervical spine disability is related to his in-service neck injuries. An addendum opinion from a VA examiner is needed to address this issue.

The Board has remanded the Veteran's claim for a higher rating for his cervical spine disability due to inadequate examination and missing records. The Veteran is seeking an increased rating beyond what was granted in March 2020.

The Board has granted service connection for drug and alcohol abuse as due to service-connected PTSD, but the claims for a right shoulder disability, diabetes mellitus, and spondylolisthesis of the L5 sacrum are remanded.

The Veteran's service-connected conditions do not prevent him from securing and following a substantially gainful occupation.

The Board has remanded the claims of service connection for a neck disability and cervical radiculopathy due to incomplete consideration of a relevant medical history.

The Board has remanded several issues for further development, including evaluations for various conditions and service connection claims. The Veteran's erectile dysfunction claim is denied as there is no evidence of a penile deformity. Other claims are also remanded due to the need for additional medical opinions.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to his service-connected cervical and lumbar spine conditions. The Veteran was found not to be substantially gainfully employed prior to June 2015, when he had been rated as totally disabled on a schedular basis.

The Veteran's bronchiectasis with mild obstructive/restrictive lung disease was found to be productive of FEV-1 of 40-55 percent predicted, or FEV-1/FVC of 40-55 percent. The Board denied a rating in excess of 60 percent for this condition and remanded the neck disability issue.

The Board has remanded the cases due to insufficient opinions regarding whether the neck and right shoulder disabilities are proximately caused or aggravated by the service-connected back disability.

The Veteran's cervical spine disability is rated at 30 percent since August 13, 2019. The rating remains denied as the condition does not meet criteria for a higher rating.

The Board has remanded the cases for further development and consideration, including obtaining an addendum opinion regarding the nature and etiology of the Veteran's lumbar spine disability. The issues of service connection for a cervical spine disability, lumbosacral strain with degenerative arthritis, and right leg disability (diagnosed as sciatica/neuropathy) are pending.

The Veteran's service-connected disabilities, including his cervical spine disability and peripheral neuropathy of all extremities, rendered him unable to secure or follow substantially gainful employment prior to April 23, 2008.

The Veteran's cervical spine condition was rated at 20% effective August 28, 2018. The lumbosacral strain with intervertebral disc syndrome was rated at 40% effective April 26, 2018.,Effective September 9, 2016, the Veteran's radiculopathy of the right upper extremity and left upper extremity were granted service connection. The right knee osteoarthritis and left knee strain have been rated at 20% since their respective effective dates.,The reduction in ratings for the knees was restored to pre-reduction levels.

The Board has remanded the claims for service connection due to new evidence and outstanding treatment records. The Veteran's stressors involving Cuban refugees are also being investigated.

The Veteran's cervical strain disability is rated at 30 percent, effective July 24, 2020. The claim for a higher rating for chronic low back strain and mid back strain prior to June 17, 2014 remains pending.

The Board has remanded the claims of service connection for various conditions, including cervical spine strain, prostate cancer, peripheral neuropathy, fibromyalgia, chronic fatigue syndrome, irritable bowel syndrome, a chronic disability manifested by nausea, dizziness, hot flashes, and loss of appetite, incontinence, and impotence. The remand requires further development regarding the Veteran's alleged exposure to herbicide agents during service.

The Board has remanded the claims for higher initial ratings for cervical spine strain and left knee strain due to inadequate VA examination reports in determining functional impairment during flare-ups.

The Board has remanded several issues related to service connection for various conditions, including neck disability, impotence, testicular cancer residuals, kidney disability, and diabetes mellitus type 2. The claims are being reviewed due to new evidence or unclear examination reports.

The Veteran's claims for service connection for left ear hearing loss, right ear hearing loss, and PTSD have been denied. The cervical spine disability claim is being remanded.