Neck / cervical spine decisions — 2020

The Board has remanded the claims for service connection for a cervical spine disability and for a higher rating for lumbar spine disability due to outstanding VA records from federal correctional facilities.

The Board has remanded the Veteran's claims for an increased rating for allergic rhinitis, service connection for a cervical spine disability, and service connection for radiculopathy of the left upper extremity. The remand is due to obtain clarifying VA medical opinions regarding these issues.

The Veteran's claims for service connection for a neck disability and bilateral foot disability are being remanded due to the failure of VA examinations to address the Veteran's lay statements regarding the onset and continuity of his symptoms.

The Board has remanded the Veteran's claims of service connection for cervical spine and right shoulder disorders due to insufficient opinions from the January 2020 VA examiner. The case is returned for further development.

The Board dismissed the appeals for increased ratings of lumbar spine, cervical spine, and left shoulder disabilities due to a withdrawal request by the Veteran and her representative.

The Veteran's appeal includes claims for increased ratings and service connection for various conditions, including headaches, hypertension, lumbar strain, cervical fusion, and radiculopathy. The Board has remanded the case to obtain additional medical records from the Veteran's treatment providers.

The Board has granted service connection for right knee and cervical neck disabilities as secondary to the Veteran's service-connected left knee disability. The claim is also granted with respect to a separate rating for her left knee disability.

The Board denied service connection for degenerative arthritis of the cervical spine, finding that it did not have its onset in service and was not caused by a service-connected disability.

The Veteran's right total knee replacement is rated at 60 percent since August 1, 2020. The Board also granted eligibility to Dependents' Educational Assistance (DEA) under 38 U.S.C. Chapter 35.

The Board has decided that there is a pre-decisional duty to assist error and remands the issue of service connection for degenerative arthritis of the cervical spine (also claimed as degenerative disc disease of the cervical spine) secondary to service-connected left knee disabilities.

The Board has granted service connection for a deviated nasal septum and denied service connection for left knee, left ankle, neck, low back disabilities, and malaria.

The Veteran's adjustment disorder with depressed and anxious mood is granted a 50 percent rating from January 15, 2014 to October 1, 2015. A 20 percent rating for the right ankle disability is granted. For the left shoulder disability, a 20 percent rating prior to March 1, 2018 and no higher than 20 percent from March 1, 2018 onwards is granted. The lumbar spine disability receives a 20 percent rating prior to November 25, 2019 and no higher than 20 percent from that date onwards. A 10 percent rating for the cervical spine disability is denied.

The Veteran's claims for increased ratings for his cervical spine disability, TBI residuals, and migraine headaches were denied as the Veteran did not attend scheduled examinations.

The Board has remanded the Veteran's claim for service connection of a cervical spine disability due to additional development and adjudication. The issue is currently pending.

The Board has determined that the Veteran's service connection claims for deviated nasal septum, sleep apnea, and neck disability are remanded due to insufficient evidence regarding their etiology.,Further examination is needed to determine if these conditions are related to service or any other relevant factors.

The Veteran's lower back disability and associated radiculopathy have been granted increased initial ratings of 20 percent, effective January 22, 2018. Additional development is needed for other issues.

The Board has denied service connection for cervical spine, lumbar spine, bilateral lower extremity neurological, and upper left extremity neurological disabilities due to a lack of evidence showing chronic in-service conditions or continuity of symptomatology.

The Board has remanded the cases for additional development and consideration, including obtaining new medical opinions to address whether the Veteran's current conditions are related to his military service.

The Board has granted service connection for cervical strain and a bilateral shoulder condition (rotator cuff impingement, tendonitis, and acromioclavicular joint osteoarthritis) based on continuity of symptoms since service.

The Board denied the Veteran's claims for service connection for degenerative disc disease of the cervical and lumbar spine, finding that there was no evidence of a chronic disability in service or within the applicable presumptive period. The Board also found that continuity of symptomatology could not be established.