Neck / cervical spine decisions — 2021

The Board has granted service connection for bilateral pes planus and denied service connection for left knee disability, right knee disability, lumbar spine disability, and cervical spine disability.

The Board denied the Veteran's claims for service connection for cervical spine disorder, back disorder, and carpal tunnel syndrome as secondary to his service-connected fibromyalgia.

The Veteran's tinnitus is granted as service connected.,The Veteran's osteoporosis of the thoracolumbar spine and cervical spine are both granted as service connected.

The Veteran's cataracts were denied as the evidence did not show that they began during service or are related to an in-service injury, event, or disease. The chloracne was granted as it became manifest within one year of his separation from service and is presumed due to herbicide exposure.,Asbestosis and COPD were both denied as there was no evidence showing that the conditions began during service or are related to an in-service injury, event, or disease.

The Board has remanded the Veteran's claims of service connection for various conditions due to insufficient evidence and the need for further examination.

The Veteran's right shoulder impingement syndrome is currently rated at 20 percent prior to October 6, 2020 and greater than 30 percent thereafter. The Veteran's right hip strain is currently rated at 10 percent prior to April 6, 2015 and greater than 20 percent thereafter. The Veteran's degenerative arthritis with invertebral disc syndrome of the lumbar spine with spondyloarthropathy is currently rated at 40 percent. The Veteran's cervical spine strain is currently rated at 30 percent.,The Veteran's right carpal tunnel syndrome and TDIU are both remanded for further development.

The Veteran's initial increased ratings for cervical strain and right ankle strain are denied. The Board found that the Veteran did not meet the criteria for a higher rating based on his service-connected conditions, as he did not have ankylosis or incapacitating episodes of intervertebral disc syndrome (IVDS).

The Board has reopened the Veteran's claim for service connection for a cervical spine disability and granted it, finding that the evidence supports a direct link between the injury sustained during INACDUTRA in July 2011 and the current disabilities. The Veteran's symptoms have been continuous since the incident.

The Veteran's claims for service connection for an abnormal gait, PTSD and anxiety, a lower neck disability, and headaches have been granted. However, the claim for a lower neck disability is remanded to obtain medical records from NATO HQ at Film City.

The Veteran's appeal for increased ratings for various service-connected conditions was denied. The Board found that the evidence did not support a higher rating for any of the conditions, including right knee chondromalacia, left knee Palligrini-Stieda's disease with chondromalacia, seborrheic dermatitis, bilateral pes planus, right shoulder disability, left shoulder disability, right elbow disability, left elbow disability, bilateral hearing loss disability, residuals of traumatic brain injury (TBI), neck or cervical spine disability, and low back or thoracolumbar spine disability.

The Board has found that remand is warranted due to the need for additional examinations and compliance with prior remand directives regarding functional loss during flare-ups and repeated use over time.

The Board denied the Veteran's claim for service connection for hypertension, finding that it is not proximately due or aggravated by his service-connected PTSD. The issues of service connection for degenerative arthritis of the spine and cervical strain (neck condition) are remanded.

The Veteran's migraine headaches and chronic constipation are granted service connection as secondary to his service-connected cervical spine injury and medications for his service-connected cervical and lumbar spine disabilities, respectively. The Veteran is also granted a 20% disability rating for his hemorrhoids.

The Veteran's claims for service connection for compression fracture of L1, cervical segmental dysfunction, neck pain, and myofascitis and arthritis, bilateral pes planus, and left shoulder osteoarthritis have been reopened. The Board found that new evidence supports reopening these claims but denied the underlying service connection due to lack of a nexus between the conditions and active service.

The Veteran's claims for service connection for lumbar spine, cervical spine, left shoulder, left deltoid bursitis, left ulnar neuropathy, right hip, and left hip disabilities are granted. The Veteran's claim for service connection for asthma is remanded, as is his claim for service connection for hypertension.

The Veteran's appeal has been dismissed as the appellant requested withdrawal of all pending claims and appeals.

The Veteran's service-connected disabilities do not preclude him from securing and following substantially gainful employment, as he is currently employed by the United States Federal Government.

The Veteran's increased rating claim for cervical spine disability was denied as his condition did not meet the criteria for an increased rating in excess of 40 percent. The TDIU claim prior to June 7, 2007, was granted.

The Board denied service connection for bilateral upper extremity cervical radiculopathy, lumbar spine disability, and lower extremity radiculopathy as the evidence did not show a current disability or etiology related to in-service injury.,The Board also denied service connection for a cervical spine disability, left shoulder disability, right shoulder disability, left foot disability, and right foot disability due to lack of evidence showing an in-service event, injury, or disease.

The Board has remanded the Veteran's claims of service connection for cervical spine disorder, lumbar spine disorder, neuropathy of bilateral lower extremities, and bilateral foot disorder due to lack of substantial compliance with previous directives.