Neck / cervical spine decisions — 2020

The Board has remanded the Veteran's claims for additional development due to outstanding VA treatment records and need for updated examinations.

The Board has granted service connection for a cervical spine disability and radiculopathy of the left upper extremity, finding that these conditions are secondary to the Veteran's service-connected cervical spine disability.

The Board has determined that the Veteran's neck disability had its onset during his active service and is related to his service, granting service connection for this condition.

The Board has remanded the Veteran's claims for further development and readjudication. The issues include various disability ratings, service connection for hernia of the esophagus, and other conditions.

The Veteran's cervical spine disability is rated at 20 percent effective September 25, 2006. The Board found the evidence supported a 20 percent rating based on limitations in range of motion and functional loss due to flare-ups.

The Board has remanded the claims of service connection for ischemic heart disease, posttraumatic stress disorder, stroke, headaches (secondary to a non-service-connected cervical spine disorder), and a cervical spine disorder due to incomplete development and lack of medical opinions addressing the Veteran's claimed conditions.

The Veteran's service-connected disabilities make him unable to secure or follow a substantially gainful occupation, warranting a TDIU.

The Board has remanded the cases for further development due to incomplete medical opinions regarding the etiology of the Veteran's claimed left, right knee disabilities and cervical spine disability.

The Board has granted service connection for DJD cervical spine, right arm biceps condition, right shoulder condition, left shoulder condition, and left calf fascial defect. The conditions are found to be related to the Veteran's active service.

The Veteran's initial claims for increased ratings for lumbar and cervical spine disabilities were denied. The Veteran was previously granted TDIU effective July 5, 2007.,For the period before February 17, 2011, the Veteran’s service-connected lumbar spine disability did not meet the criteria for a higher rating.

The Board has remanded the Veteran's claims for service connection due to incomplete records and outstanding private treatment records. The issues are related to various conditions including actinic keratosis, atherosclerosis lower extremities, atrial fibrillation, basal cell carcinoma left and right cheek/right nose, cervical spine stenosis, chronic kidney disease stage 3, depression, erectile dysfunction, essential hypertension, left carotid stenosis, mixed hyperlipidemia, lumbar spinal stenosis, osteoarthritis, peripheral neuropathy, rheumatoid arthritis, and carotid artery stenosis.

The Board has remanded the case due to insufficient medical opinion regarding whether VA was negligent in providing care during the Veteran's hospitalization, which may have contributed to his death.

The Board has remanded the Veteran's claims for cervical and lumbar spine disabilities due to inadequate compliance with prior remand instructions. The VA examiners did not address the Veteran's lay statements regarding his in-service injuries, nor did they consider the issue of aggravation.

The Veteran's cervical spine disability, right upper extremity radiculopathy, and left upper extremity radiculopathy have been granted initial ratings of 20 percent each. The TDIU claim remains in appellate status.

The Veteran withdrew his appeal regarding cervical and lumbar spine disabilities, resulting in the dismissal of these claims.

The Veteran's cervical spine disability and PTSD were denied service connection due to lack of evidence linking these conditions to his military service.,Service connection for vertigo was also denied as there is no current diagnosis or evidence of a vertigo disability.

The Board has granted service connection for a cervical spine disability, including degenerative arthritis of the cervical spine, finding that new and material evidence has been received to reopen the claim. The Board also found that the Veteran's cervical spine disability is related to an in-service injury.

The Veteran requested to withdraw his appeal for left elbow disability. The Board has remanded the cases of cervical spine and left shoulder disabilities.

The Veteran's initial claim for a higher rating for cervical spine disability was denied. However, he was granted separate ratings of 20 percent each for right and left upper extremity radiculopathy associated with his service-connected cervical spine disability from March 13, 2017. He was also granted a separate rating of 30 percent for left upper extremity radiculopathy from November 4, 2019. Service connection for headaches as a neurological abnormality associated with his service-connected cervical spine disability was also granted.

The Board has decided to remand the Veteran's claims for service connection for a cervical spine disability and tremors (Parkinson's disease) as secondary to his service-connected traumatic brain injury. The AOJ needs to obtain all pertinent records, schedule VA examinations, and readjudicate these claims.