Neck / cervical spine decisions — 2021

The Veteran's acquired psychiatric disability, unspecified depressive disorder, is granted as service-connected.,The Veteran's neck disability (degenerative disc disease and degenerative arthritis of the cervical spine) is granted as service-connected.,The Veteran's right arm disability (right olecranon bursitis and degenerative arthritis) is granted as service-connected.,The Veteran's left arm disability, to include osteoarthritis of the wrist, is remanded for further development.,The Veteran's right hand disability (right elbow disability) is granted as service-connected.,The Veteran's left hand disability (osteoarthritis of the wrist) is granted as service-connected.,The Veteran's diabetes mellitus is remanded to determine if it was aggravated by his third period of active duty or related to his first two periods.

The Board denied service connection for left wrist and right ankle disabilities. It also denied increased ratings for left hip arthritis, right hip extension limitation, and right hip abduction limitation.,However, the Veteran was granted a 10% rating for left hip degenerative joint disease from October 13, 2015 to January 6, 2020, and a 20% rating for right hip flexion limitation on and after September 11, 2015. The Veteran's total unemployability prior to March 6, 2018 was also remanded.

The Board has granted service connection for a neck disability claimed as secondary to service-connected lumbar spine myositis, including focal annular tear/small left paracentral disc protrusion at L5/S1. The claim of service connection for a right shoulder disability is remanded due to inadequate previous VA examination.

Service connection for hypertension was denied.,The Veteran's left knee limitation of flexion and instability were not granted increased ratings, but a 10% rating was granted prior to February 24, 2015, and a 20% rating from February 24, 2015 through April 17, 2016.,The Veteran's degenerative disc disease of the lumbar spine with intervertebral disc syndrome was granted a 40% rating prior to April 18, 2016 and denied for higher ratings thereafter. ,Service connection for right lower extremity radiculopathy of the sciatic nerve and left lower extremity radiculopathy of the sciatic nerve were not granted increased ratings.,Service connection for ankylosing spondylosis and degenerative arthritis of the cervical spine was granted, but denied for higher ratings.

The Veteran's claims for increased ratings for cervical spine disability and RUE radiculopathy were denied. The Board found that the disabilities did not meet or approximate criteria for a higher rating.

The Veteran was granted a TDIU from October 4, 2005 through April 18, 2007 due to his service-connected disabilities.

The Board has determined that the Veteran's claims for service connection for bilateral shoulder arthritis, lumbar spine arthritis, cervical spine arthritis, right knee arthritis, and bilateral hearing loss are remanded due to new evidence received after the April 2016 rating decision. The Veteran reported incidents of falling from aircraft during service which may be related to his current disabilities.

The Veteran's service-connected disabilities do not preclude him from obtaining and maintaining substantially gainful employment.

The Veteran's left ear hearing loss is granted service connection due to in-service noise exposure. Service connection for cervical spine, left wrist, and lumbar spine disabilities are denied as there is no credible evidence of such injuries during service or within one year thereafter.

The Veteran's appeal for a rating in excess of 10 percent for lumbar degenerative arthritis was denied, while the appeal for a 20 percent rating, but no more, for cervical degenerative arthritis and disc disease was granted.

The Veteran's initial 40 percent rating for low back disability prior to November 27, 2019 is granted. A higher rating of over 40 percent for the low back disability since that date is denied.

The Board denied the Veteran's claims for service connection for right knee, left knee, disability of the spine (including lumbar and cervical spines), residuals of pneumonia, and chronic joint pain associated with pneumonia.,There is no evidence linking any of these conditions to active service.

The Board has remanded the cases for further development and examination, including scheduling a VA examination to determine the current severity of the Veteran's service-connected right knee and leg disability. The cervical spondylosis claim is also being remanded due to an inadequate medical opinion in the February 2020 VA examination report.

The Veteran has withdrawn his appeals for the remaining issues, including service connection and rating claims related to sleep apnea, cervical spine disability, lumbar spine disability, right lower extremity radiculopathy, and left lower extremity radiculopathy.

The Veteran's neck condition is currently rated at 20 percent, and the Board finds that a higher rating is not warranted due to functional loss during flare-ups or after repetitive use over time.,For his right knee condition, the Veteran was previously denied a separate rating for meniscal disabilities. The Board now remands this issue for further examination.

The Board has remanded the case due to the need for additional development regarding service connection for neurologic symptoms, including as due to Gulf War exposures and/or as secondary to a service-connected disability (such as PTSD or either his cervical spine/neck condition or mid/thoracic back injury if such is/are determined to be service connected).

The Board has determined that additional development is needed to address the Veteran's claims for service connection for cervical and lumbar spine disabilities due to incomplete or inaccurate factual premises in previous VA examination opinions. The Veteran will be provided with another VA examination to assess the nature and etiology of her diagnosed conditions.

The Board has granted service connection for left and right knee disabilities as secondary to bilateral pes planus, and for a low back disability as secondary to bilateral pes planus. The claim of service connection for a cervical spine disability is denied. Service connection for a respiratory disability is reopened.

The Board has denied service connection for various disabilities, including right wrist, left wrist, neck, right shoulder, and back conditions, finding that the evidence does not support a link between these conditions and military service.

The Veteran's claims for service connection for lumbar degenerative disc disease, cervical degenerative disc disease, left and right lower extremity radiculopathy have all been granted.