Neck / cervical spine decisions — 2021

The Board has remanded the cases for further development and consideration due to new evidence submitted by the Veteran.

The Veteran's cervical spine disability is currently rated at 20 percent, and the Board denied a higher rating as well as separate ratings for other radiculopathy conditions.

The Board has remanded several issues for further development, including evaluations for various disabilities and service connection claims.

The Board has remanded the Veteran's claims for cervical spine, right shoulder, right wrist, and right ankle disabilities due to conflicting evidence regarding when and how these conditions were caused or aggravated. The VA is instructed to obtain additional medical records and provide supplemental opinions on whether the Veteran’s current disabilities are secondary to his service-connected right knee disability.,The Board has also remanded the claim for compensation for bladder cancer pursuant to 38 U.S.C. §1151 due to a lack of rationale regarding whether a nerve cluster was severed during surgery and if VA's care caused additional disability.

The Board has remanded the Veteran's claims for service connection for neck disability, left shoulder disability, disabilities of the left upper and lower extremities, and obstructive sleep apnea (OSA) due to incomplete medical records. The AOJ is instructed to obtain any missing VA or private treatment records and provide the Veteran with the opportunity to waive restrictions on obtaining such records.

The Veteran's 30 percent rating for gastroesophageal reflux disease with esophagitis and hiatal hernia is restored. The Board found that the reduction was not proper as there was no evidence of an actual improvement in the Veteran’s ability to function under ordinary conditions of life and work.

The Board denied service connection for a cervical spine condition, left shoulder condition, back condition, and bilateral hip condition. The evidence did not support the Veteran's claims that these conditions were related to his active military service.,There was no medical opinion linking any of the claimed conditions to the Veteran’s time in service.

The Board has decided to remand the case due to insufficient evidence regarding a cervical spine disability and its relation to service. The Veteran's claim will be reviewed again with the possibility of an examination.

The Veteran's cervical spine disorder, including degenerative disc disease and diffuse idiopathic skeletal hyperostosis, was not shown in service or for many years thereafter and is not otherwise etiologically related to active duty service.

The Veteran's service-connected disabilities have resulted in him being in need of regular aid and attendance, which is granted as special monthly compensation (SMC).

The Veteran's vertigo, diagnosed as BPPV, is not shown to be causally or etiologically related to any disease, injury, or incident during service. The Board affirms the denial of service connection for vertigo.,Service connection for hypothyroidism status post thyroidectomy is denied because it was due to an intercurrent cause (the thyroidectomy). Service connection for a cervical spine disorder and erectile dysfunction are remanded as they may be related to service-connected disabilities. The umbilical hernia claim is also remanded.

The Board has granted service connection for the Veteran's right and left knee disabilities, but denied service connection for other conditions including a duodenal ulcer, lumbar spine disability, neuropathy of the lower legs, cervical spine disability, neuropathy of the upper arm, right ankle disability, left shoulder disability, right shoulder disability, and bilateral shin splints.

The Board denied service connection for cervical spine and upper extremity disabilities, finding the evidence did not support a link to service or service-connected conditions.

The Veteran's appeal for an increased rating for cervical spine disability was dismissed. The reduction in rating from 20% to 10% for right foot superficial peroneal neuritis was restored effective August 19, 2015.,Right foot superficial peroneal neuritis is now rated at 20%, and left foot degenerative joint disease and right ear injury with perforation of tympanic membrane are both denied. A TDIU has been granted.

The Veteran's legacy appeal is dismissed as he opted into the new modernized appeals review system for his cervical strain claim within 60 days of receiving a Supplemental Statement of the Case.

Service connection for a lumbar spine disability, arthritis, gastrointestinal disability, and brain atrophy (as a residual of TBI) is denied.,The Veteran's current disabilities are not related to his military service.

The Board has determined that additional development is needed to obtain the Veteran's complete service treatment records and to ensure proper notification of their unavailability. The issues of service connection for various disabilities are being remanded.

The Veteran's claims for cervical spine disability, diabetes mellitus, and residuals of gonorrhea have been denied. The claim for recurrent gastritis has been granted.

The Veteran's claims for service connection of a left shoulder disability, increased rating for headaches and cervical spine disability are remanded. The initial rating claim for right shoulder tendinopathy/tendinosis remains denied.

The Board denied the Veteran's claim for service connection for cervical spine disability, finding that there was no evidence of a chronic condition present during service and insufficient continuity of symptomatology after service to establish service connection.