Neck / cervical spine Board decisions

The Board denied service connection for a cervical spine disorder and obstructive sleep apnea, finding that there was no in-service injury or disease related to these conditions. The weight of the evidence showed that the Veteran did not have chronic symptoms during service or within one year after separation, and that the lumbar spine disability did not cause or worsen the cervical spine disorder or obstructive sleep apnea.

The Veteran's initial compensable ratings for lumbar strain, cervical spine disorder, migraine headaches, and gastrointestinal disorder have been denied.

The Veteran's PTSD is granted at a 30 percent rating for the entire period prior to January 15, 2020. A higher rating of in excess of 70 percent for PTSD from January 15, 2020 is denied.

The Veteran's anxiety disorder and PTSD have been granted a 50% disability rating effective May 14, 2019.

The Board has granted service connection for hypertension and denied service connection for skin cancer, a back condition, and a urinary disorder. The hypertension is related to presumed herbicide exposure in the Republic of Vietnam. The skin cancer, back condition, and urinary disorder are not linked to service or presumptive herbicide exposure.

The Veteran's TDIU claim is remanded as the Board cannot determine if he has a gainful occupation without his employment status and income information. The matter will be returned to the AOJ for further action.

The Veteran's application to reopen a previously denied claim for service connection for lymphoplasmacytic lymphoma and several other issues were dismissed. The claim of service connection for a psychiatric disability, including PTSD and anxiety, was reopened due to new evidence. Other claims remain pending.

The Board has denied service connection for a cervical spine disability, finding that the Veteran's current condition is not related to his military service. The appeal of this issue must be denied as there is no legal merit.

The Board has granted service connection for a cervical spine disability, including compacted spine and degenerative disc disease (DDD), finding that the Veteran's current diagnosis of arthritis of the cervical spine is related to an in-service injury. The decision also considers lay evidence and evaluates continuity of symptoms.

The Board has denied direct service connection for the Veteran's neck disability, but has remanded the secondary service connection claim.

The Board has remanded the case due to incomplete records and requests for additional information. The Veteran's claim of service connection for sleep apnea is denied, and her claim to reopen a cervical spine disability claim is also remanded.

The Veteran's neck disability is currently rated as 10 percent disabling, and the Board has determined that a higher rating is not warranted. The issue of entitlement to TDIU is also remanded due to its interdependence with the increased PTSD rating claim.,PTSD remains at 70 percent, which is the maximum available rating under VA regulations. The Veteran's PTSD was recently witnessed by another veteran committing suicide in September 2014, and a supplemental medical opinion should be obtained to consider this event.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional examinations to assess the current severity of his service-connected PTSD, cervical spine disability, and other conditions. The issues will be reconsidered after these examinations.

The Board has remanded the claims for increased evaluations for right upper extremity radiculopathy, left upper extremity radiculopathy, and cervical spine disability. A new VA examination is required to assess current severity of these conditions.

The Board has remanded the Veteran's claims for service connection due to inadequate medical opinions in the February 2020 VA examination. The case is being returned for new addendum opinions addressing the nature and etiology of the Veteran's right shoulder, stomach, cervical spine, and lumbar spine disabilities.

The Veteran's service-connected cervical spine disability is rated at 30 percent from May 31, 2018. He also received a grant of service connection for left upper extremity radiculopathy with an effective date of February 25, 2019, and a scar, status post cervical fusion with an effective date of December 28, 2016.

The Veteran's thoracolumbar arthritis is granted an initial increased rating of 20 percent, but no higher. The Veteran's cervical strain with degenerative arthritis prior to September 25, 2020 and from September 25, 2020 are both granted increased ratings of 10 percent and 30 percent respectively. There is no increase in rating for right sciatic radicular pain.

The Veteran's lumbosacral strain with degenerative changes and bilateral sciatic nerve condition are granted service connection. The hernia condition and cervical strain issues remain pending for further development.

The Veteran's appeal for a higher rating for his chronic lumbar strain and TDIU was denied. The Board found that the evidence did not support an evaluation in excess of 20 percent for the lumbar strain, as it did not meet the criteria for such a rating based on limitation of motion or other factors. For the TDIU claim, the Veteran's combined disability rating had already reached 100% due to his service-connected disabilities, including cervical radiculopathy and left knee instability, which precluded him from securing and following substantially gainful employment.

The Board has granted service connection for sleep apnea as secondary to the Veteran's service-connected degenerative disc disease of the cervical spine.