Neck / cervical spine decisions — 2022

The Board denied service connection for lower back, right knee (including degenerative arthritis), left knee, neck, right shoulder, and left ankle disabilities due to lack of evidence linking these conditions to service.,Service connection was not granted as the VA medical opinions found no link between current disabilities and in-service injuries.

The Veteran's claims for service connection were denied in December 2010 due to lack of nexus evidence. The Board granted the claims in April 2022, finding that the Veteran's reports regarding in-service injuries are consistent with his service record and granting a Finding of Fact that the disability is at least as likely as not related to service. However, an earlier effective date was denied because the claim was not reopened based on new and material evidence but rather due to reconsideration based on relevant service department records.

The Veteran's service-connected disabilities do not result in the physical loss or permanent loss of use of one or both hands or feet, severe burn injury, amyotrophic lateral sclerosis, or ankylosis of one or both knees or hips. Therefore, he does not qualify for financial assistance in purchasing a vehicle and adaptive equipment.

The Board has remanded the cases for additional development to obtain private and VA treatment records, including from Irvin Health Services. The Veteran's right shoulder and neck disabilities are being evaluated based on their direct relationship to service without any presumption or secondary connection.

The Veteran's claims for service connection of various conditions, including ED, bladder disorder, bowel disorder, neck disability, upper and lower extremity neurological disorders are remanded due to the need for additional development.

The Veteran's cervical spine disability and radiculopathy of the left upper, right lower, and left lower extremities have been remanded for further development.

The Veteran's cervical spine disability is rated at 30 percent from April 12, 2022 and prior to that date was granted a 30 percent rating. The Veteran's RUE radiculopathy has been assigned a 40 percent initial rating. LUE radiculopathy remains at a 20 percent rating.,The Veteran's cervical spine disability is rated at 30 percent from April 12, 2022 and prior to that date was granted a 30 percent rating. The Veteran's RUE radiculopathy has been assigned a 40 percent initial rating.

The Veteran's appeal was denied as his TDIU claim and bilateral hearing loss rating were both denied. The Veteran is currently in receipt of a 100% combined disability rating due to service-connected coronary artery disease, but the Board found that he did not meet the criteria for a TDIU based on any single service-connected condition other than his coronary artery disease. His bilateral hearing loss was rated as noncompensable.

The Board has denied the Veteran's claims for service connection for degenerative arthritis of the cervical spine and right foot disorder, finding that there is no evidence linking these conditions to his military service.

The Board denied service connection for cervical spine degenerative arthritis, low back strain, bilateral lower extremity radiculopathy, ventral hernia, allergic rhinitis, and plantar fasciitis. The Veteran's claim for bilateral dry eye syndrome was granted.,Service connection was not established for the claimed conditions due to lack of evidence linking them to service or a service-connected disability.

The Veteran's cervical spine disability is currently rated at 10 percent, and the Board has remanded for further evaluation. The left hip bursitis was increased to a 10 percent rating.

The Veteran's claim for a rating of 50 percent for migraine headaches with occipital neuralgia from May 18, 2015, to March 5, 2017, is granted. The issue of entitlement to a rating in excess of 20 percent for cervical strain remains pending and requires further development.

The Board has reopened the Veteran's claims for service connection for various knee, back, and shoulder conditions. However, these claims are being remanded to obtain inpatient treatment records from Fort Chaffee Hospital related to a 105-howitzer incident during service.

The Board has remanded the issues of service connection for PTSD, Lumbar Spine Condition, and Cervical Spine Condition due to new evidence received after the January 2016 denial. The Veteran's current service-connected conditions do not meet the criteria for a TDIU.

The Veteran's service-connected disabilities prevented him from engaging in substantially gainful employment, and the Board has granted an earlier effective date of July 23, 2018 for his total disability rating based on individual unemployability (TDIU).

The Veteran's cervical spine spondylosis is rated at 100% from March 4, 2021. His right knee degenerative arthritis is rated at 30% effective April 9, 2021.

The Veteran's cervical spine spondylosis was granted a 100% disability rating from March 4, 2021.,The Veteran's right knee degenerative arthritis was granted a 30% disability rating from April 9, 2021.

The Veteran's cervical spine disability was found to have started during service and has continued since then, warranting the grant of service connection.

The Veteran's cervical spine spondylosis is rated at 100% from March 4, 2021. His right knee degenerative arthritis is rated at 30% effective April 9, 2021.

The Board has decided to remand the Veteran's claims for cervical spine, right knee, and left knee disabilities as secondary to service-connected hepatitis C due to new evidence presented in his September 2022 Appellate brief.