Neck / cervical spine decisions — 2021

The Veteran's cervical spine disability, osteoarthritis of the left knee, and osteoarthritis of the right knee are not service-connected. However, frostbite residuals of the bilateral feet have been granted as a result of new evidence submitted after reopening the claim.

The Veteran's claim for service connection for PTSD was denied, and the initial rating of 10% for depressive disorder was also denied. The Veteran's persistent depressive disorder is now rated at 50%, effective May 12, 2017. Service connection for cervical spine, lumbar spine, bilateral lower extremity radiculopathies, left upper and lower extremity radiculopathies, and left ankle conditions were all denied.

The Veteran's cervical spine disability is rated at 30 percent since July 21, 2014. The Board found that the evidence supported this rating as his forward flexion was limited to 10 degrees, meeting the criteria for a 30 percent rating.

The Veteran's service-connected disabilities have rendered him unable to dress, bathe himself, feed himself without assistance, and requires regular aid and attendance. The Board has granted special monthly compensation based on housebound status or need for aid and attendance.

The Board has reopened the Veteran's claims for service connection for schizophrenia, TBI, cervical spine disability to include arthritis, and right knee disability due to new evidence. The claims are now remanded for further development including VA examinations.

The Board has remanded the Veteran's claims due to additional development being required, including verification of alleged exposure to herbicides and lead paint during service.

The Veteran's claims for increased ratings for degenerative arthritis of the cervical spine, tendonitis of the left shoulder, and tendonitis of the right shoulder were denied. The current ratings are 10% for the cervical spine prior to October 27, 2014, and 20% thereafter; 20% for the left shoulder; and, 20% for the right shoulder.

The Veteran's claims for service connection for obstructive sleep apnea, hypertension, and PTSD have been denied. The Board found that the evidence did not support a finding of onset in service or causation to any service-connected conditions.

The Board has remanded the case for further development to address whether the Veteran's lumbar and cervical spine disorders are secondary to his service-connected bilateral knee disabilities or if they were caused by his back surgery.

The Board has granted service connection for sleep apnea as secondary to the Veteran's service-connected diabetes mellitus. The back and neck disabilities are not service connected.

The Veteran's tinnitus is granted as service-connected.,The Veteran’s GERD may be related to his military service and exposure to chemicals in service. Further examination and opinion are needed.,The Veteran's back disability may be related to his military service and exposure to chemicals in service. Further examination and opinion are needed.,The Veteran's bilateral knee disability may be related to his military service and exposure to chemicals in service. Further examination and opinion are needed.,The Veteran's neck disability may be related to his military service and exposure to chemicals in service. Further examination and opinion are needed.,The Veteran's right elbow disability may be related to his military service and exposure to chemicals in service. Further examination and opinion are needed.,Further examination and opinion are needed for the Veteran’s bilateral hearing loss.

The Veteran's lumbar and cervical spine disabilities are considered service-connected as they were incurred in service.

The Board has remanded the case due to inadequate examinations and failure to address functional loss. A new VA examination is required.

The Veteran's claims for service connection have been reopened due to the submission of new and material evidence. The Board finds that there may be outstanding medical records from Fort Dix that could substantiate his claims.,The Veteran's hypertension claim is secondary to his acquired psychiatric disorder, as evidenced by recent medical literature. Further development is needed to determine if this relationship exists.,The Veteran has been diagnosed with PTSD and other mental health conditions related to service. The Board finds a reasonable possibility of substantiating the claim for an acquired psychiatric disorder due to in-service stressors.,The Veteran's low back and cervical spine disorders are likely related to his military service, as evidenced by documented symptoms during service. VA examinations are needed to determine the nature and etiology of these conditions.,The Veteran has a history of acne on his face while in service. A VA examination is needed to assess whether his current pseudofolliculitis barbae condition may be related to his military service.,

The Veteran's right lower extremity radiculopathy/peroneal neuropathy is not service-connected, as the evidence does not establish a link to his military service or any service-connected condition.,For the period from January 1, 2014 and continuing thereafter, the Veteran’s left shoulder tendonitis and impingement syndrome do not meet the criteria for a rating in excess of 20 percent.

The Board has remanded the Veteran's claims of service connection for diabetes mellitus, hypertension, GERD, bilateral leg disability (claimed as a gait condition), right shoulder disability, bilateral shoulder disability, neck disability, lower back disability, right knee disability, and left knee disability due to their potential secondary relationship with her service-connected PTSD.

The Board has previously remanded these matters for evidentiary development. The VA examinations and medical opinions have been obtained, but the Board finds that the November 2020 VA opinions are inadequate and requires another remand.

The Board has remanded the case due to lack of substantial compliance with previous remand instructions. The Veteran's cervical spine disability is still under appeal for a rating in excess of 30 percent from February 18, 2016.

The Board has remanded the claims for additional development due to insufficient medical opinions regarding service connection and aggravation.

The claim for a higher evaluation for degenerative disc disease of the cervical spine has been dismissed due to the appellant's death.