Neck / cervical spine decisions — 2022

The Board has remanded the case due to inadequate examination regarding the etiology of the Veteran's neck disability, which was incurred in an in-service motor vehicle accident and treated by chiropractors since discharge.

The Veteran's cervical spine disorder, RUE radiculopathy, and headaches have been granted service connection as they are related to his military service.

The Veteran's previously denied claims for low back, cervical spine, and respiratory disabilities have been reopened.,Service connection has been granted for dizziness due to undiagnosed illness and headaches. The Veteran's tinnitus claim is remanded as it requires further evidence regarding its onset during service.,Service connection was not established for bilateral hearing loss or Meniere's disease.

The Veteran's claim for service connection for a left shoulder disorder is reopened, and he is granted service connection for degenerative arthritis of the cervical spine.,The Veteran's right shoulder subacromial impingement syndrome with SLAP labral tear and degenerative arthritis is rated at 20 percent. The Veteran is also granted a separate 10 percent rating for instability of the right knee effective April 30, 2018.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to incomplete development, including lack of retrospective opinions on functional loss during flare-ups and repetitive use.

The Veteran's claims for service connection for residuals of a TBI, cervicalgia with pinched nerve (secondary to TBI), back injury, degenerative joint disease of the left hip, and degenerative joint disease of the right hip have all been denied. The Veteran's hearing loss, tinnitus, onychomycosis, and hypertension claims are also denied.

The Veteran's cervical spine disability is rated at 30 percent effective December 16, 2021. The issue of a higher initial rating for radiculopathy of the left upper extremity remains pending.

The Veteran's claims for service connection were denied for various conditions, including PTSD, an acquired psychiatric disorder other than PTSD (including dementia), diabetes mellitus type II, prostate cancer, hypertension, a heart disorder (coronary artery disease, status post stent placement), a circulatory disorder, bilateral eye disorders (right eye blindness, double vision in the left eye, cataracts), lumbar spine disorder, cervical spine disorder, right shoulder disorder, left shoulder disorder, peripheral neuropathy of each extremity, radiculopathy of each extremity, and myelomalacia. The Board found that there was no evidence to support these claims.,The Veteran's service connection claims were denied for PTSD, an acquired psychiatric disorder other than PTSD (including dementia), diabetes mellitus type II, prostate cancer, hypertension, a heart disorder (coronary artery disease, status post stent placement), a circulatory disorder, bilateral eye disorders (right eye blindness, double vision in the left eye, cataracts), lumbar spine disorder, cervical spine disorder, right shoulder disorder, left shoulder disorder, peripheral neuropathy of each extremity, radiculopathy of each extremity, and myelomalacia.

The Veteran's appeal has been withdrawn for issues related to surgical scars post bilateral inguinal herniorrhaphy and service connection for a left arm condition. The remaining claims of entitlement to increased ratings for shoulder disabilities, inguinal hernia, pes planus, and leg conditions are remanded for further development.

The Veteran's claims for increased ratings and service connection for Major Depressive Disorder, Lumbar Spine Disorder, and Cervical Spine Disorder have been denied. The Board found that the Veteran's major depressive disorder was rated appropriately at 70 percent under Diagnostic Code 9434.

The Veteran's atherosclerotic coronary artery disease did not preclude a workload less than 5 metabolic equivalents of task (METs), resulting in dyspnea, fatigue, angina, dizziness, or syncope.,The cervical spine disability manifested by subjective complaints of chronic neck pain and flares; objective findings do not demonstrate flexion limited to 15 degrees or less, or favorable ankylosis of the entire cervical spine.

The Board has remanded the Veteran's claims for service connection and increased rating for various conditions, including cervical spine condition, left eye cataracts, left elbow fracture and medial epicondylitis (tennis elbow), left hand strain, left knee patellofemoral syndrome, lumbar back pain, and TDIU. The remand requires additional opinions on the etiology of these conditions.

The Veteran's tinnitus is denied as there is no evidence of a current disability related to service.,Service connection for cervical spine degenerative changes is granted as it is proximately due to her service-connected lumbar spine disability.,Service connection for obstructive sleep apnea is granted as the condition began during active service.

The Veteran's cervical spine disability is rated at 30 percent from October 8, 2014 to January 12, 2022 (aside from a period of 100 percent convalescence), and the claim for an increased rating is granted.

The Veteran's claims of service connection for bilateral hearing loss, portal vein thrombosis, irritable bowel syndrome (claimed as chronic diarrhea), asthma, cervical spine disability, and allergic rhinitis have all been denied. The issue of service connection for portal vein thrombosis is dismissed as moot due to a prior grant of service connection.

The Board denied service connection for lumbar and cervical spine conditions, finding that the current diagnoses are not related to military service.

The Board has remanded the issue of entitlement to a rating in excess of 40 percent for a neck disability due to inadequate examination findings and need for further development, including additional examinations.

The Veteran's service-connected disabilities do not result in loss of use of one or both hands, and therefore he is not eligible for financial assistance for an automobile or adaptive equipment.

The Board has denied the Veteran's claims for service connection of cervical spine, lumbar spine, and right shoulder disorders due to a lack of evidence showing that these conditions arose during or as a result of his active military service.,No secondary service connection was granted as the Veteran's claimed conditions were not found to be related to his service-connected diabetes mellitus and peripheral neuropathy.

The Veteran's initial ratings for cervical strain and left ankle sprain have been denied as the evidence does not support a higher rating.,The Veteran's claims for increased ratings for his cervical strain and left ankle sprain were both denied, with no further details provided in the decision.