Neck / cervical spine Board decisions

The claim for service connection for degenerative disc disease of the cervical spine has been reopened due to new evidence, but it is still denied as there is no evidence that the condition began during or was caused by military service.

The Board has remanded the cases for further examination and opinion regarding service connection for cervical radiculopathy of the upper extremities, a cervical spine disability, and sleep apnea.

The Board denied the Veteran's claims for service connection for lumbar and cervical spine disorders, finding that there was no evidence of a current disability related to active service or events therein.

The Board has dismissed the Veteran's appeals for service connection of GERD, endocervical residuals, and sleep apnea. The issue of service connection for hysterectomy residuals is remanded, and the issue of service connection for a headache condition (claimed as migraines) is also remanded.

The Board has remanded the Veteran's claims for service connection due to missing service treatment records. The AOJ is instructed to request any available medical records from the Ohio National Guard.

The Veteran's claims for neck disability, chronic lumbar disability, headaches, and chest pain have been reopened. Service connection has been granted for these conditions.,Service connection has also been granted for GERD (stomach pains).

The Veteran's cervical and lumbar spine disabilities have worsened, necessitating a new VA examination to determine the severity of each condition. The TDIU claim is also remanded due to its inextricability with the increased rating claims.

The Board has remanded the claims for bilateral hearing loss, right and left foot scars, low back disability, neck disability, coronary artery disease, skin disability, osteomyelitis, and PTSD due to incomplete records from the Veteran's National Guard service. The Veteran needs to provide specific documented confirmation of the unavailability of the missing records.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for new VA examinations to assess the current severity of his service-connected musculoskeletal disabilities, bilateral hearing loss, hypertension, diabetes mellitus with diabetic retinopathy, left hip condition, left wrist condition, and ingrown toenails.

The Veteran's service connection claims for cervical spine disorder, lumbar spine disorder, left hand polyarthritis, right hand polyarthritis, left foot rheumatoid arthritis (due to Agent Orange exposure), and right foot rheumatoid arthritis (due to Agent Orange exposure) have been denied. The Board found that the disorders are not related to service.

The Board has remanded the case due to a lack of an adequate etiology opinion regarding whether the Veteran's neck disability is secondary to his service-connected disabilities. The examiner must consider the new legal definition of aggravation and provide an opinion based on this.

The Board has denied service connection for cervicalgia, bilateral ankle disorder, lumbar spine disorder, and cervical spine disorder as there is no evidence of current disabilities during the appeal period.

The Board has remanded the Veteran's claims for service connection for lumbar and cervical spine disabilities, including pinched nerves, due to incomplete information in the medical records and the need for further examination.

The Board denied service connection for a cervical spine disability, claimed as residuals of neck fracture, finding no nexus to active duty.,Service connection was also denied for the low back disability due to lack of evidence linking it to service.

The Veteran's appeal for service connection for sleep apnea has been withdrawn. Service connection for GERD and migraine/tension headaches, both secondary to PTSD with major depressive disorder, is granted.,Service connection for cervical spine degenerative joint disease, status post anterior fusion, radiculopathy right upper extremity, and right hand tremors, all claimed as secondary to PTSD with major depressive disorder, is remanded.

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) was granted, effective from July 14, 2008. The decision is based on the Veteran's service-connected disabilities and his inability to secure or follow a substantially gainful occupation.

The Veteran's appeal for service connection for GERD was withdrawn by the Veteran at his July 2019 hearing. The Board dismissed the remaining claims of service connection for low back and neck disabilities, bilateral leg and hand disabilities (numbness), and a psychiatric disorder.,Service connection was denied for all issues due to lack of evidence linking any diagnosed conditions to service or service-connected disabilities.

The Veteran's hepatitis C was aggravated by his service-connected degenerative disc disease of the lumbar spine, resulting in a grant of service connection.,Service connection for diabetes mellitus, type II is denied as there is no evidence linking it to active duty service.,Degenerative disc disease of the cervical spine is not service connected due to lack of evidence showing its onset during service or being caused by a service-connected disability. Service connection was granted based on aggravation by his service-connected lumbar spine disorder.,The cause of death, hepatocellular carcinoma resulting from hepatitis C, is recognized as service-connected.,An increased rating greater than 20 percent for degenerative disc disease of the lumbar spine is granted due to its severity and impact on employment.,TDIU is granted based on the Veteran's inability to secure or follow substantially gainful employment due to his service-connected disabilities.

The Veteran's left total knee replacement is rated at 30 percent, which is the maximum rating available under Diagnostic Code 5055.,The Veteran's degenerative arthritis of the thoracolumbar spine is currently rated at 20 percent. The Board finds that a higher rating is not warranted as there is no evidence of ankylosis or incapacitating episodes during the appeal period.,Prior to February 9, 2019, the Veteran's degenerative arthritis of the cervical spine was rated at 10 percent. The Board found that a higher rating is not warranted due to limited forward flexion and no evidence of ankylosis.

The Board has granted service connection for headaches, neck disability, low back disability, right upper extremity radiculopathy, left upper extremity radiculopathy, bilateral hip disability, right lower extremity radiculopathy, and left lower extremity radiculopathy.