Neck / cervical spine decisions — 2020

The Board has remanded the issues of service connection for a traumatic brain injury and evaluation of cervical strain with degenerative arthritis of the spine, previously rated as neck strain. The Veteran's claim is based on new evidence.

The Board denied the Veteran's claim for service connection for a cervical spine disability, finding that it is not proximately due to or aggravated by his service-connected lumbosacral strain and residuals of a right ankle strain.

The Veteran's claims for higher ratings of his right knee, cervical muscle sprain, chronic lower back strain with degenerative joint disease at L5-S1 (lumbar spine disability), and right shoulder strain are being remanded due to the need for additional examinations to assess the current severity of each disability.

The Veteran's claims for service connection have been reopened due to the submission of new and material evidence. However, his claim for bilateral hearing loss remains denied as he does not meet the VA standards for a current disability.,The Veteran's claims for service connection for lumbar spine disorder, elbow disorder, wrist disorder, hip disorder, knee disorder, left ankle disorder, right ankle disorder (other than right ankle sprain), shoulder disorder, and acquired psychiatric disorder have been remanded due to insufficient evidence of a nexus between his current conditions and service.,The Veteran's claim for a cervical spine disorder has also been remanded as no VA examination addressing the direct or secondary theory of entitlement was conducted.,His claim for a rating in excess of 10 percent for shin splints, left leg and right leg have been remanded.

The Veteran's service-connected disabilities do not meet the criteria for a TDIU on an extraschedular basis prior to May 27, 2011 and from October 1, 2011.

The Board has remanded the cases due to insufficient information regarding the Veteran's cervical spine disability, specifically related to flare-ups. The cases will be returned for further examination and opinion.

The Board denied service connection for left shoulder, right shoulder, cervical spine, lumbar spine, left hip, right hip, left knee, right knee, left ankle, right ankle, left foot, and right foot disabilities as well as a heart disability.,The Board also denied service connection for an acquired psychiatric disability, to include PTSD, anxiety, and depression.

The Board has granted the Veteran's claim to reopen his previously denied service connection for bilateral hearing loss. The Board also found that, based on the evidence of record, including VA and private medical opinions, there is at least equipoise in favor of a finding that the Veteran's current hearing loss is related to his in-service acoustic trauma. Service connection was not granted for thoracolumbar spine condition or cervical spine condition as there is no evidence linking these conditions to service.

The Board has remanded the cases for further development due to inadequate medical opinions regarding the Veteran's low back and cervical spine conditions.

The Board found that the Veteran's service-connected disabilities, alone, were not of sufficient severity to render him unable to secure and follow substantially gainful employment. Therefore, TDIU was denied.

The Veteran's claims for a higher rating for his right knee disability and service connection for lower back and neck disabilities are remanded due to outstanding VA treatment records.,The Veteran's claims for service connection for radiculopathy of the lower extremities and right femur disability, as well as compensation under 38 U.S.C. § 1151 for a penile disability, are also remanded due to outstanding medical records and further examination is needed.,The Veteran's claim for bilateral loss of sight secondary to his penile implant surgery is being remanded in conjunction with the other claims.,,,

The Board has granted a 20 percent rating for the Veteran's cervical spine disability, effective December 27, 2019. The appeal regarding headaches is remanded as the RO failed to issue a supplemental statement of the case covering the period prior to December 2019.

The Veteran withdrew his appeals for increased ratings and TDIU, stating satisfaction with the current ratings of 10 percent and 30 percent for cervical spine degenerative disc and joint disease. The Board dismissed these issues due to withdrawal.

The Veteran's claim for service connection for cancer of the esophagus, including Barrett’s esophagus, was denied as there is no evidence that he has ever had esophageal cancer.,Service connection for a skin disability (including squamous cell carcinoma, basal cell carcinoma and actinic keratosis) was also denied because the Veteran did not have these conditions during service or due to in-service sun exposure.

The Board has remanded the claim for service connection for a cervical spine disability, as neck pain, due to an inaccurate factual premise in the previous medical opinion. The Veteran's ongoing complaints of neck pain and arthritis before his additional MVA after service need to be considered.

The Veteran's claims for service connection have been remanded due to the need for additional medical examinations and opinions. The Board is seeking more information on the etiology of his skin condition, sinus issues, cervical spine disability, shoulder disabilities, hip disabilities, knee disabilities, and ankle disabilities.

The Veteran's cause of death was not service-connected prior to April 24, 2017. The Board denied an earlier effective date due to lack of timely notice of disagreement or new and material evidence.

The Veteran's claim for VR&E services, including a doctoral degree in osteopathic medicine, is remanded due to the need for a new vocational rehabilitation evaluation considering his current symptomatology and employment capabilities.

The Veteran's claims for chronic sinusitis, PTSD, cervical spine disability, low back disability, left leg disability, bilateral kidney condition, hypertension, and allergies have all been denied as there is no evidence of current disabilities or a link to service.,There are no presumptive service connection criteria met for any of the conditions.

The Board has remanded the Veteran's claims for service connection for degenerative arthritis of the cervical spine, right upper extremity radiculopathy, and right shoulder osteoarthritis due to new examinations being required.