Neck / cervical spine Board decisions

The Board has remanded the claims for service connection due to new evidence added after the October 2017 SOC. The Veteran's representative will decide whether to waive initial AOJ consideration of this additional evidence.

The Veteran's diagnosed sinusitis and allergic rhinitis are presumed to be related to his exposure to fine particulate matter during service in the Southwest Asia theater of operations during the Persian Gulf War. Service connection for these conditions is granted.

The Board has remanded the cases for further development and examination to determine if the Veteran's current neck, upper back, and headaches are related to his service or a service-connected disability.

The Veteran's claims for service connection and increased rating were denied. The claim to reopen the low back disorder was not successful, while her cervical spine disability remains rated at 20 percent.

The Veteran's cervical spine, right knee, and left knee degenerative arthritis have been granted service connection. Service connection for the right upper extremity (carpal tunnel syndrome) and left upper extremity (carpal tunnel syndrome) neurological disabilities is also granted.

The Veteran's cervical spine condition and lumbago (claimed as a thoracic and lumbar condition) are granted service connection. The Veteran's bilateral hearing loss is remanded for further examination, and the right rotator cuff syndrome and right ankle condition are also remanded.

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.