Neck / cervical spine decisions — 2021

The Board has determined that the Veteran's PTSD is related to his in-service personal assault, and therefore service connection for PTSD is granted. The neck disability, right shoulder disability, and right-hand disability are not found to be directly related to service.

The Board has decided to remand the case due to deficiencies in prior examinations and new evidence suggesting that the Veteran's cervical spine disability may have worsened since his last examination. A new VA examination is needed to assess the current severity of the condition.

The Veteran's appeals for increased disability ratings for degenerative arthritis of the cervical spine and residuals of a right knee injury with arthralgia have been dismissed due to her withdrawal of the appeal.

The Veteran's right ear pain claim is denied as there is no diagnosed disability.,A rating of 30 percent for cervical spine disorder effective January 31, 2012, and increased to 40 percent effective November 6, 2020.

The Board has remanded the Veteran's claims for service connection due to uncertainty regarding whether his spine and hip disabilities preexisted service, as well as the need for additional medical records.

The Board has decided to remand the Veteran's claim of entitlement to service connection for a cervical spine disability, also claimed as upper back and shoulder conditions due to inadequate response from the February 2021 examiner. The examiner did not address all diagnoses in the record, including those related to the shoulders.

The Board has determined that further development is needed for the Veteran's claims, including obtaining addendum opinions regarding his cervical spine DDD and headaches. The issues of service connection and increased ratings are being remanded.

The Veteran's appeal for whether new and material evidence has been submitted to reopen service connection for bilateral plantar fasciitis is dismissed.,The Veteran's appeal for service connection for a headache disorder is dismissed.

The Board dismissed the appeals for rating increases for right shoulder recurrent dislocations and chronic cervical strain due to the appellant's withdrawal of the appeal.

The Board denied service connection for a cervical spine disorder and obstructive sleep apnea, finding that there was no in-service injury or disease related to these conditions. The weight of the evidence showed that the Veteran did not have chronic symptoms during service or within one year after separation, and that the lumbar spine disability did not cause or worsen the cervical spine disorder or obstructive sleep apnea.

The Veteran's initial compensable ratings for lumbar strain, cervical spine disorder, migraine headaches, and gastrointestinal disorder have been denied.

The Veteran's PTSD is granted at a 30 percent rating for the entire period prior to January 15, 2020. A higher rating of in excess of 70 percent for PTSD from January 15, 2020 is denied.

The Veteran's anxiety disorder and PTSD have been granted a 50% disability rating effective May 14, 2019.

The Board has granted service connection for hypertension and denied service connection for skin cancer, a back condition, and a urinary disorder. The hypertension is related to presumed herbicide exposure in the Republic of Vietnam. The skin cancer, back condition, and urinary disorder are not linked to service or presumptive herbicide exposure.

The Veteran's TDIU claim is remanded as the Board cannot determine if he has a gainful occupation without his employment status and income information. The matter will be returned to the AOJ for further action.

The Veteran's application to reopen a previously denied claim for service connection for lymphoplasmacytic lymphoma and several other issues were dismissed. The claim of service connection for a psychiatric disability, including PTSD and anxiety, was reopened due to new evidence. Other claims remain pending.

The Board has denied service connection for a cervical spine disability, finding that the Veteran's current condition is not related to his military service. The appeal of this issue must be denied as there is no legal merit.

The Board has granted service connection for a cervical spine disability, including compacted spine and degenerative disc disease (DDD), finding that the Veteran's current diagnosis of arthritis of the cervical spine is related to an in-service injury. The decision also considers lay evidence and evaluates continuity of symptoms.

The Board has denied direct service connection for the Veteran's neck disability, but has remanded the secondary service connection claim.

The Board has remanded the case due to incomplete records and requests for additional information. The Veteran's claim of service connection for sleep apnea is denied, and her claim to reopen a cervical spine disability claim is also remanded.