Neck / cervical spine Board decisions

The Veteran's claim for a TDIU prior to May 20, 2013 is being remanded as the Board finds that it raises a question of whether he was capable of maintaining substantially gainful employment due to his service-connected disabilities.

The Board has remanded the Veteran's claims for increased ratings and earlier effective dates for his service-connected cervical spine, right knee, and left knee disabilities due to inadequate examinations and lack of information on flare-ups.

The Board has granted the Veteran's claim for service connection for a cervical spine disorder, finding that his current diagnosis is more likely than not related to his active service.

The Veteran meets the schedular requirement for TDIU due to his service-connected cervical spine degenerative arthritis, thoracic spine fractures and degenerative arthritis, bilateral knee retropatellar syndrome, and tinnitus that render him unable to follow a substantially gainful occupation from November 16, 2013 to March 15, 2015.

The Veteran's claim for a compensable disability rating for pseudofolliculitis barbae is remanded due to the need for an examination based on all of the evidence.,The Veteran's claim for a disability rating in excess of 10 percent for myositis of right hip with exostosis of right ilium is remanded due to the need for range of motion testing and consideration of flare-ups.,The Veteran's claim for a disability rating in excess of 30 percent for herniation of cervical spine is remanded due to the need for an examination that includes passive range of motion measurements.

The Veteran's cervical spine degenerative arthritis and left upper extremity radiculopathy are granted as service connected.,From May 23, 2016 to August 21, 2018, the Veteran is granted a TDIU due to his service-connected disabilities.

The Veteran's cervical strain and upper extremity radiculopathy have been rated based on their severity, with some issues remanded for further review.,TDIU is also being remanded.

The Board has remanded the issue of service connection for cervical spondylosis as secondary to residuals, low back injury due to insufficient medical opinion. The Veteran's claim will be reviewed with an addendum medical opinion.

The Veteran's application to reopen claims for service connection for cervical spine arthritis, lumbar spine arthritis, disc bulges, and right ankle arthritis was dismissed. The appeals for seborrheic dermatitis, right knee disability, TMJ, and major depressive disorder were granted.,The Veteran is now entitled to an increased rating of 40 percent for his right foot disability, a 50 percent rating for his right wrist degenerative arthritis from April 26, 2016, and a TDIU from August 8, 2016 to October 19, 2020.

The Board denied service connection for cervical and thoracolumbar spine disorders, finding no evidence of a current disability related to service or the presumption period.

The Board has decided to remand the case due to lack of substantial compliance with its prior remand, and a need for further examination to determine the nature and etiology of the Veteran's cervical spine disability.

The Veteran's service connection claims for intermittent tension headaches, cervical spine degenerative arthritis and degenerative disc disease other than IVDS, right hip strain and trochanteric pain syndrome, left hip strain and trochanteric pain syndrome, and pan sinusitis of the sphenoidal and maxillary sinuses with bilateral mastoid effusions have all been granted due to presumed exposure during service in Southwest Asia.

The Board has remanded the Veteran's claims for service connection for cervical spine, thoracolumbar spine, and right knee disabilities due to inadequate medical opinions and failure to verify all periods of active service.

The Veteran's left knee limitation of extension is currently rated as noncompensable, with no evidence showing it limited to 10 degrees or less.,There is insufficient evidence to establish a service connection for a cervical spine disorder. The Board finds that the Veteran did not have a cervical spine disability during his active service and there is no competent evidence of record showing its onset within one year post-service.

The Veteran's right and left cervical radiculopathy ratings were restored to 40% and 20%, respectively, effective September 1, 2015. The Board found the reduction not proper due to lack of evidence of improvement in function under ordinary conditions.

The Veteran's thoracolumbar ankylosing spondylitis is currently rated at 40 percent, but the VA examiner found no signs of unfavorable ankylosis. The Veteran has forward flexion to only 30 degrees in non-weight bearing mode and 60 degrees in weight bearing mode (reduced to 50 degrees after three repetitions).,The Veteran's cervical spine ankylosing spondylitis is currently rated at 30 percent, with favorable ankylosis. The VA examiner found no signs of unfavorable ankylosis. The Veteran has forward flexion of only 5 degrees in both weight bearing and non-weight bearing modes.

The Board denied requests for earlier effective dates for service connection of Traumatic Brain Injury and a neck disability, finding that the earliest diagnoses occurred in April 1973 and April 2001 respectively, and thus the earliest date entitlement arose. The effective dates were set at March 17, 2016, for TBI, and February 24, 2012, for neck disability.

The Board has remanded the Veteran's claims for a cervical spine condition and right wrist condition due to inadequate VA opinions. The Veteran is seeking service connection for these conditions, with one potentially related to his service-connected lumbosacral strain.

The Board has remanded the claims for service connection due to failure of the Veteran to attend scheduled VA examinations. The case is returned to the AOJ for further development.

The Veteran's service-connected disabilities did not meet the schedular requirements for a TDIU and did not preclude him from obtaining and maintaining substantial gainful employment.