Neck / cervical spine decisions — 2024

The Board has decided to remand the cases for further examination and evaluation due to insufficient evidence in some areas, particularly regarding the Veteran's cervical condition. The mood disorder case is also being remanded.

The Veteran's cervical spondylosis at C5-C6 and C6-C7 is currently rated as 30 percent disabling, but the Board found that it does not meet or approximate the criteria for a higher rating.

The Veteran's cervical spine disability, left and right upper extremity radiculopathy, and umbilical hernia were evaluated. The rating for the cervical spine was denied as it did not meet criteria for higher ratings under either General Rating Formula or IVDS Formula. Ratings for the left and right upper extremities radiculopathy were granted at 30% and denied respectively. The umbilical hernia received a 20% rating from February 7, 2019 to February 6, 2019.

The Veteran's rheumatoid arthritis and related disabilities, including cervical spine degenerative arthritis, left hip replacement, and degenerative arthritis of the left ankle, were evaluated. The rating for active process rheumatoid arthritis was denied as it did not meet the criteria for a higher than 40 percent rating.

The claims for service connection have been granted, and the Veteran's disabilities are being remanded due to a lack of VA examinations.

The Veteran's cervical spine disability and right and left lower extremity radiculopathy were restored to their previous ratings of 30%, 10%, and 10% respectively, effective March 3, 2020.

The Board has granted service connection for a neck disability, finding that the Veteran's current condition is related to an in-service parachute accident. The decision resolves all reasonable doubt in favor of the Veteran.

The Board denied the Veteran's claims for service connection for bilateral plantar fasciitis and pes planus, cervical spine condition, lumbar spine condition, right shoulder condition, and gastrointestinal disability (GERD, gastroenteritis, gastritis) due to a lack of evidence showing these conditions were incurred or aggravated during active service.

The Board has granted service connection for degenerative disc disease of the lumbar spine and cervical spine spondylolysis, finding that these conditions were incurred in service and have been chronic since then.

The Veteran's cervical spine disorder is rated at 30 percent, which does not meet the criteria for a higher rating due to lack of unfavorable ankylosis.,Right upper extremity radiculopathy and left upper extremity radiculopathy are both rated at 20 percent, as they do not meet the criteria for higher ratings based on incomplete paralysis.

The Veteran's claim for service connection for an acquired psychiatric disability, including depression, anxiety and PTSD, was denied. Service connection was granted for lumbar spine arthritis, cervical spine arthritis, right upper extremity cervical radiculopathy (secondary to cervical spine arthritis), right knee osteoarthritis, and left knee osteoarthritis and patellofemoral pain syndrome.

The Board denied service connection for lumbosacral disorder and degenerative arthritis of the cervical spine, finding no current disability and insufficient evidence to link these conditions to service.

The Board has dismissed the issue of entitlement to an earlier effective date for the grant of service connection for right foot pes planus and arthritis with bilateral plantar fasciitis due to procedural defects. The issues of entitlement to a disability rating in excess of 10 percent for right foot pes planus and arthritis with bilateral plantar fasciitis, service connection for cervical spine disability, and TDIU are remanded.

The Veteran's appeal was denied for a higher rating for PTSD, and the cases were remanded for further evaluation of other conditions.

The Veteran's claim for hepatitis C is denied as the evidence does not support a service connection.,The Veteran's claim for an acquired psychiatric disorder, to include PTSD, is denied as there is no diagnosis of PTSD and the medical records do not indicate its onset in service or relate it to any injury or illness during active duty.,The Veteran's claim for cervical spinal stenosis is denied as there is no evidence showing a current condition related to his military service.,The Veteran's claim for kidney condition, to include hydronephrosis, is denied as the medical records do not indicate that it was caused by an event or illness during active duty and is not secondary to any service-connected disability.

The Veteran's sleep apnea, thoracolumbar spine condition, and cervical spine condition are all granted as secondary to service-connected conditions. The effective date for the grant of service connection is March 27, 2018.

The Board denied service connection for headaches, IVDS, and degenerative arthritis and spinal stenosis of the cervical spine due to lack of evidence showing an in-service injury or disease.

The Veteran's appeals for service connection for cervical spine, left shoulder, and right shoulder disabilities have been dismissed.,There is no current diagnosis of a cervical spine, left shoulder, or right shoulder disability in the record.

The Board has reopened the Veteran's claims for service connection for various conditions, including right foot disorder, left foot disorder, LUE CTS, heart disorder, cervical spine disorder, and OSA. The claims are remanded to obtain additional medical opinions regarding the nature and etiology of these conditions.

The Board has determined that additional development is needed to determine the nature and etiology of the Veteran's claimed conditions, including whether they are related to her military service. The claims for service connection will be remanded for further examination and opinion.