Neck / cervical spine decisions — 2020

The Veteran's torn right hamstring and quadriceps muscles were granted a 10% rating. The cervical spine disorder was granted a 10% rating prior to April 18, 2019, but denied any increase in rating from that date onwards.

The Board denied the Veteran's appeal for recoupment of separation pay in the amount of $10,579.20 through withholding of VA disability compensation payments because only the left knee disability was compensable during his first period of service and thus only that part of the separation pay should be recouped.

The Veteran's cervical spine strain is now rated at 40 percent from March 15, 2013. Her lumbar spine strain remains at a 20 percent rating since July 14, 2008. Service connection for hyperventilation as secondary to her service-connected neck and back disabilities has been granted.

The Board has granted service connection for cervical strain, finding that the Veteran's current disability is at least as likely as not related to his in-service shoulder injury and his current service-connected bilateral shoulder strain.

The Veteran withdrew her appeal for a higher rating of 30 percent for cervical strain with degenerative arthritis, and the Board dismissed the case as a result.

The Board has decided that the Veteran's claims of service connection for lumbar spine kyphosis and limited cervical spine range of motion, both claimed as residuals from treatment for pneumonia with a reaction to drug, need further examination and evaluation. The decision is pending until new evidence can be provided.

The Board has denied the Veteran's claims for service connection for a cervical spine disorder and sleep apnea, finding no competent evidence linking these conditions to his military service. The case is remanded for further development.

The Veteran's cervical radiculopathy of the left and right upper extremities are currently rated at 40 percent and 30 percent, respectively. The Veteran is seeking higher ratings for these conditions.,The Veteran’s headaches have been evaluated as migraine variants with over-the-counter Aleve use. She has reported worsening frequency of attacks.

The Veteran's claim for TDIU was denied as he did not meet the schedular criteria and there is no evidence of unemployability due to service-connected disabilities.

The Veteran's appeal for a disability rating of 60 percent for left knee status post total knee replacement is granted effective January 5, 2016.,The appeals on service connection for cervical spine condition and increased rating for nerve damage, lateral surface of the distal left lower leg, saphenous nerve are dismissed.

The Board has determined that the Veteran's cervical spine disorder, claimed as neck pain, had its onset during or is etiologically related to military service. As a result, the claim for service connection is granted.

The Board has remanded the Veteran's claims for COPD, multiple joint disabilities, and other service connection issues due to inadequate etiology opinions provided by VA examiners. The claims are being returned for further development.

The Veteran's service-connected disabilities, including residuals of cervical injury and bilateral upper extremity cervical myelopathy, have rendered him unable to maintain regular substantially gainful employment due to his physical limitations.

The Veteran's claim for a 30 percent rating for degenerative disc disease of the cervical spine from April 3, 2003 to September 5, 2006 is granted. The claim for a compensable rating for hemorrhoids remains denied.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional examinations and opinions.

The Board has denied the Veteran's claims for service connection for right shoulder strain, cervical spine degenerative disease, and headaches. The VA examiners concluded that these conditions are not related to her military service.,There is no evidence of a link between the Veteran’s current conditions and her active duty service.

The Board has remanded the claims for service connection for various conditions, including degenerative arthritis, cervical and thoracolumbar spine arthritis, chronic fatigue syndrome, and sleep apnea. The issues are being returned to the AOJ for further consideration.

The Board has remanded the Veteran's claims of service connection for lumbar spine and neck disabilities due to a lack of STRs, but finds the Veteran's account credible. A VA examination is needed to determine if his current conditions are related to in-service events.

The Board has denied a higher rating for cervical spine osteoarthritis and has remanded the issues of service connection for right knee condition and lumbar spine condition.

The Board has remanded the Veteran's claims for service connection for right shoulder, neck, and right knee disabilities due to insufficient evidence in his service treatment records. The VA examiner is instructed to consider the Veteran's statements regarding the onset and progression of his disorders and provide opinions on whether it is at least as likely as not that these conditions are related to his military service.