Neck / cervical spine decisions — 2020

The Board denied the Veteran's claim for service connection of cervical spondylosis, finding that it is less likely than not related to his military service or occupation as a welder.

The Board has remanded the Veteran's claims for additional development due to issues related to his participation in Project SHAD, including exposure to bacillus globigii (BG), betapropiolactone (BPL), and zinc cadmium sulfide. The claims include lung disability, kidney cysts, skin disability, cervical spine disability, low back disability, gastrointestinal disability, and headaches.

The Board has remanded the case due to the need for an addendum opinion regarding the Veteran's myxoid liposarcoma and its relationship to her secondary conditions.

The Board denied service connection for PTSD and cervical spine disorder, finding no current diagnosis of these conditions. The Veteran's WPW syndrome was remanded due to the need for a more detailed opinion regarding its onset and relationship to service.,The Board also remanded cases involving lumbar spine disorder, left knee disorder, migraines, gastrointestinal disorders (IBS and GERD), and right foot plantar warts.

The Veteran's retroactive CRSC payments are remanded due to a lack of information regarding any payments and withholdings made by VA prior to April 1, 2018.

The Board has denied service connection for bilateral pes planus and a neck disorder, finding that the Veteran did not meet the burden of showing his conditions were aggravated by service. The Board also found no current disability related to these conditions.

The Board has dismissed the Veteran's claims for earlier effective dates as freestanding claims, which are not permissible under VA regulations.

The Board has again remanded the claims of service connection for cervical and lumbar spine disabilities due to inadequate compliance with previous directives. The Veteran is currently service connected for posttraumatic stress disorder (PTSD), which could potentially be the basis for a secondary service connection claim.

The Veteran's current respiratory disorder is not related to service. The cervical spine, hypertension, and gastrointestinal disorders are remanded for further review.

The Board has remanded the claims of service connection for systemic joint disability, cervical spine disability, and acquired psychiatric disability (including PTSD) due to lack of verification of stressor events.

The Veteran's claim for an earlier effective date for Total Disability Individual Unemployability (TDIU) is dismissed because he opted into the Appeals Modernization Act review system.

The Veteran's PTSD resulted in occupational and social impairment with deficiencies in most areas prior to February 25, 2019. However, the evidence did not meet the criteria for a higher rating.,The Veteran was unable to secure or follow a substantially gainful occupation due to his service-connected disabilities, including PTSD and DDD of the cervical spine, prior to February 25, 2019.

The Board has remanded the case due to insufficient examination reports regarding the Veteran's service-connected disabilities and their impact on his daily functioning. The Veteran needs an addendum opinion from a physician to determine if he is substantially confined or requires regular aid and attendance.

The Board denied service connection for bilateral shoulder disabilities, internal bleeding, and radiculopathy of the right side. The cervical spine disability was not granted due to lack of evidence.

The Board has remanded the Veteran's claims of service connection for various disabilities, including a bilateral eye disorder, psychiatric disorder (PTSD), and multiple joint disorders. The AOJ is instructed to schedule VA examinations, obtain additional records, clarify the nature of the Veteran's claims, and attempt to corroborate in-service stressors.

The Board has remanded the case due to insufficient rationale in the VA examiner's opinions regarding the Veteran's cervical spine disability and its relationship to service. The claims file should be returned for further development, including obtaining an adequate etiological opinion that considers the Veteran's lay statements about symptoms prior to his 1987 post-service work-related injury.

The Board has granted service connection for low back and neck disabilities, attributing the diagnoses to the cumulative impact of parachute jumps during military service.

The Veteran's neck and right shoulder disabilities are currently rated at 20 percent prior to February 26, 2020 and 30 percent thereafter. The Board denied increased ratings for these conditions as the evidence did not meet the criteria for higher ratings under the applicable rating schedule.

The Veteran's claim for a rating in excess of 30 percent for cervical spine disability and his TDIU claim have been denied. The Board found that the evidence did not support a higher rating due to functional loss, and the Veteran was deemed capable of securing and following substantially gainful employment.

The Board has decided to remand the case for further action, including obtaining service hospital records and conducting a VA examination.