Neck / cervical spine decisions — 2020

The Veteran's claims for increased ratings are being remanded due to the need for additional development and examination.

The Board has remanded the cases for further action due to the need for additional medical opinions and consideration of new evidence.

The Veteran's cervical spine disorder is rated as 20 percent disabling prior to January 15, 2020 and 30 percent thereafter. The rating criteria do not meet the requirements for a higher rating.

The Board has remanded the issues of service connection for various disabilities, including cervical spine disability, back disability, bilateral shoulder disability, bilateral hip disability, bilateral knee disability, bilateral ankle disability, bilateral foot disability, rhinitis, bronchitis, asthma, heart disability, prostate cancer, and urinary incontinence. The reasons are that the Veteran failed to report to scheduled VA examinations for these disabilities.

The Board has determined that the VA opinion obtained in December 2019 is inadequate and remands the case for further development, including obtaining an expert opinion from an orthopedist or a clinician possessing equivalent expertise to address the nature and etiology of the Veteran's claimed neck disability.

The Board has found that there has not been substantial compliance with the prior remand directives and has therefore ordered another remand for additional development, including a VA examination to address the Veteran's claims of compensation under the provisions of 38 U.S.C. § 1151.

The Board has remanded the case for a supplemental medical opinion regarding service connection for a cervical spine disability. The nonservice-connected pension claim is granted.

The Board has denied the Veteran's claims for service connection for bilateral knee disorder, cervical spine disorder, and hand tremors due to lack of evidence showing a nexus between these conditions and his military service. The case is remanded for further development.

The Veteran's PTSD, bilateral hearing loss, and other conditions were denied. The case was remanded for further development on several issues.

The Board has granted service connection for cervical spine strain and spondylosis, as well as left shoulder rotator cuff/supraspinatus strain. The decision is based on the Veteran's reported in-service injury and current symptoms.

The Veteran's claims for increased ratings for myofascial pain syndrome with cervical spinal stenosis and migraine headaches are being remanded due to the need for further development, including obtaining SSA records and scheduling a DRO hearing.

The Board denied the Veteran's claim for service connection for cervical spine degenerative joint disease, finding that there was no evidence of a chronic condition in service or within the applicable presumptive period. The Board also found that the Veteran did not have continuity of symptomatology since service and that his current disability is not otherwise etiologically related to an in-service injury or disease.

The Board denied service connection for lumbar and cervical spine disabilities, finding that the Veteran's current conditions are not related to his military service.

The Board has dismissed the appeals regarding ratings and service connection for various foot conditions, shoulder disabilities, and a cervical spine strain. The claims are dismissed due to the death of the appellant.

The Veteran's claims for increased ratings of their neck and low back disabilities have been denied as the evidence does not show that either condition warrants a rating in excess of the current staged ratings.

The Veteran's cervical spine disability with DJD and DDD is currently rated at 30 percent disabling, effective October 31, 2019. The Board found that the evidence did not support a higher rating prior to this date.

The Board has remanded the Veteran's claims for service connection due to incomplete medical opinions and insufficient evidence regarding stressor verification. The claims will be further evaluated with additional examinations and information.

The Veteran was granted a TDIU from June 17, 2008 due to his service-connected disabilities preventing him from securing and following substantially gainful employment.

The Veteran's headaches began during service and have continued to the present, with credible testimony supporting in-service onset. The Board granted service connection for headaches.

The Board has remanded the Veteran's claims for an initial rating higher than 20 percent for cervical DDD and a higher rating for left knee arthritis. Additional development is required, including examinations to assess functional loss during flares and after repetitive use.