Neck / cervical spine decisions — 2020

The Board has remanded the Veteran's claims for a higher disability rating for lumbar spondylosis, service connection for a cervical spine disability and right shoulder disability, as well as his TDIU claim due to infeasibility of obtaining certain records and conducting necessary examinations.

The Board has remanded the case due to inadequate opinions regarding whether the Veteran's service-connected disabilities, particularly his right shoulder disability and lumbar spine disability, caused or aggravated his obstructive sleep apnea (OSA).

The Board has remanded the Veteran's claims for service connection due to unclear status and authorized military service associated with her employment with the North Dakota National Guard, as well as additional development of psychiatric and cervical spine disorder etiology.

The appeal for service connection for a cervical spine disability is dismissed. The claims for increased rating of right knee scar, service connection for left knee disability (secondary to right knee), and service connection for low back disability (secondary to right knee) are remanded.

The Veteran's PTSD is rated at a non-initial disability rating of 70 percent, but no higher. The Veteran's cervical spine fusion remains rated at a non-initial disability rating in excess of 30 percent.

The Veteran's cervical spine disorder, right lower extremity radiculopathy, and chronic ethmoid sinusitis have been granted service connection. The Veteran is now receiving a noncompensable rating for chronic ethmoid sinusitis.

The Veteran was granted a total disability rating based on individual unemployability due to service-connected disabilities from January 3, 2007, to April 16, 2008. The evidence showed that the Veteran's service-connected conditions prevented him from securing and maintaining substantially gainful employment.

The Board has remanded the Veteran's claims for neck disability and thoracolumbar spine disc bulge due to potential issues with service connection, including a need for updated medical records and a new VA examination.

The Board has remanded the cases for additional development due to incomplete records and a need for updated medical opinions.

The Board has remanded the cases for additional examinations to determine the current severity of the Veteran's service-connected neck and low back disabilities, including how functioning varies with repeated use over a period of time or flare-ups.

The Board has remanded the cases due to a lack of medical opinion regarding the relationship between the Veteran's cervical and lumbar spine disabilities and his service.

The Veteran's claim for service connection for major depressive disorder, secondary to his service-connected tinnitus, is granted. The other issues on appeal are remanded.

The appeal for TDIU has been withdrawn. Ratings have been granted for the Veteran's dorso lumbar spine and cervical spine disabilities, but these ratings are being remanded due to inadequate examination reports.

The Veteran's initial and increased ratings for his service-connected left shoulder, right shoulder, low back, cervical spine, and right hip disabilities have been denied. The current ratings do not meet the criteria for a higher rating under applicable diagnostic codes.

The Veteran's claim for service connection for kidney stones is denied as there is no current diagnosis of a disability manifesting in kidney stones.,For the period prior to June 4, 2014 and from August 1, 2014, the Veteran’s cervical spine disability is manifested by forward flexion limited to 20 degrees; the evidence does not demonstrate unfavorable ankylosis of the cervical spine or incapacitating episodes requiring bed rest prescribed by a physician.,The criteria for a disability rating in excess of 20 percent for cervical spine disability from August 1, 2014 forward have not been satisfied.,For the period prior to November 21, 2019, the Veteran’s GERD symptoms included pyrosis and reflux; the criteria for an initial compensable disability rating prior to November 21, 2019, and in excess of 10 percent thereafter have not been satisfied.,For the period prior to April 7, 2014, the Veteran’s right elbow extensor tendon tear is manifested by flexion limited to 125 degrees; for the period from June 1, 2014, it is manifested by flexion to 95 degrees and pronation to 60 degrees.,The criteria for a disability rating in excess of 20 percent for right elbow extensor tendon tear with limitation of pronation have not been satisfied.,Service connection for the Veteran's right hip disability is remanded.

The Veteran's claims for higher initial ratings for residuals of cervical and thoracic sprain, as well as migraine headaches, are being remanded due to the need for additional development including VA examinations.

The Board has remanded the cases due to inadequate medical opinions regarding whether the Veteran's current back and neck disabilities were incurred in or caused by service. The VA will obtain new addendum opinions from a qualified examiner.

The Board has remanded several issues related to the Veteran's service connection claims, including those for osteoarthritis of multiple joints (including bilateral ankles), spina bifida occulta, cervical spine disability, lumbar spine disability (secondary to a service-connected foot disability), hypertension, erectile dysfunction, and cognitive disability (short-term memory loss).

The Veteran's cervical spine condition and low back condition are not service-connected, with the exception of a grant of TDIU effective August 26, 2019. The Veteran's claim for an increased rating for her low back condition prior to August 26, 2019 is denied.

The Board has remanded the claims of traumatic brain injury and cervical spine disability due to incomplete compliance with previous remand directives. The Veteran is given additional time to provide authorization for VA to obtain private treatment records from his incarceration period.