Neck / cervical spine decisions — 2020

The Board has decided to remand the case due to inadequate examination and missing records, particularly a Gulf War examination conducted in 2000.

The Board has decided to remand several issues related to the Veteran's service connection claims, increased rating claims, and effective date claims due to incomplete medical records and scheduling of VA examinations.

The Veteran's claim for a rating in excess of 20 percent for DDD of the cervical spine was denied. The separate rating for LUE radiculopathy associated with his cervical spine disability was upheld, and the TDIU prior to January 31, 2018, was also denied.

The Veteran's service-connected disabilities did not render him unable to secure or maintain substantially gainful employment prior to November 30, 2011. The Board denied his claim for a total disability rating based on individual unemployability.

The Board has dismissed the Veteran's claims for increased ratings and service connection, as the full benefits sought have been granted. The Veteran's TDIU claim is granted.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and conflicting opinions. The issues of service connection for degenerative disc disease of the cervical spine and bilateral hand numbness, as secondary to cervical spine disability, are being reviewed with additional medical examination.

The Veteran's appeals for increased ratings for residuals of a Colles fracture of the right upper extremity (wrist), status post CTS release, and for DDD of the cervical spine have been dismissed as he has withdrawn his appeals.,The Veteran's appeal for service connection for depression has also been dismissed as he has withdrawn his appeal. The Board finds that MVP and SVT are at least as likely as not related to his military service.

The Veteran's claim for service connection for a neck disability and his TDIU claim were both denied. The Board found that the evidence did not support a finding of direct service connection for the cervical spine condition, as there was no credible evidence linking it to military service. For the TDIU claim, the Veteran’s combined disability rating was 10%, which is below the threshold required for a schedular TDIU determination.

The Board has remanded the Veteran's claims for service connection due to his failure to report for VA examinations. The issues include left upper extremity radiculopathy/peripheral neuropathy, cervical spine disorder, and an acquired psychiatric disorder other than PTSD, all secondary to service-connected lumbar strain.

The Board denied service connection for squamous cell carcinoma of the right tongue base and cervical lymph nodes, finding that there was no evidence linking these conditions to military service or herbicide exposure.

The Board has remanded the Veteran's claims for service connection due to an undiagnosed illness or medically unexplained chronic multisymptoms, including PTSD, sleep apnea, and various physical disabilities. The Veteran is required to provide more details about his stressors and any relevant medical records from SSA.

The Board has granted service connection for lumbar and cervical spine disorders, finding that the Veteran's current conditions are at least as likely as not caused by a May 2005 fall. The fall was attributed to the Veteran losing his balance due to manifestations of his service-connected traumatic brain injury (TBI).

The Board has remanded the Veteran's claims for cervical spine disability, fatigue, and left foot neurological disorder due to insufficient evidence in some cases. The VA will obtain additional medical opinions on these issues.

Service connection granted for tinnitus. Service connection denied for right ear hearing loss, insomnia, left knee disability, right knee disability, acne, and neck disability.,The Veteran's service treatment records do not show any complaints or diagnoses related to the claimed disabilities except for a history of folliculitis (acne) during service.

The Board has remanded the case due to inadequate previous VA opinion regarding the Veteran's cervical spine disability and lack of substantial compliance with prior directives.

The Board denied service connection for a cervical spine disorder, left upper extremity radiculopathy and peripheral neuropathy, right upper extremity radiculopathy and peripheral neuropathy, and bilateral hearing loss as secondary to the Veteran's service-connected lumbar spine disability.,The Board also denied an evaluation in excess of 10 percent prior to January 4, 2011 for lumbar spine disability, a rating in excess of 20 percent prior to May 17, 2012 for lumbar spine disability, and a rating in excess of 40 percent since May 17, 2012 for lumbar spine disability.,The Board found that the Veteran did not have current diagnoses of cervical spine disorder, left upper extremity radiculopathy and peripheral neuropathy, right upper extremity radiculopathy and peripheral neuropathy, or bilateral hearing loss.

The Veteran's appeal is remanded for further development, including a VA examination to determine the nature and etiology of cervical spinal stenosis. The rating for trapezius and latissimus dorsi muscle spasms remains unchanged.

The Board has determined that the claims for increased ratings and service connection are not fully developed, and thus must be remanded to obtain additional information from the Veteran and his providers.

The Board has remanded the Veteran's claims for service connection due to a duty to assist error and because of an inadequate consideration of his medical history in the July 2018 VA examination. The case is now back before the Board.

The Board denied service connection for cervical and lumbar spine disorders, finding that the conditions are not related to service. The Veteran's symptoms began after a 2008 motor vehicle accident.