Neck / cervical spine decisions — 2021

The Board has remanded the Veteran's claims for increased ratings for his cervical spine disability, headaches, and bilateral callosities due to outstanding VA treatment records.

The Veteran's right wrist and cervical spine disabilities have been remanded for further development as the Board found that additional evidence is needed to determine if higher ratings are warranted.

The Board has reopened the claims for TBI residuals, acquired psychiatric disorder, cervical spine condition, lumbar spine condition with bilateral lower extremity numbness, right ankle condition, right heel condition, skin condition, and respiratory condition due to new and material evidence. These issues are remanded for further development.,The Board has also reopened the claims for these conditions but has not assigned a rating or effective date as the appeal is still in process.

The Veteran's cervical and thoracolumbar spine disabilities have been granted a 20% rating since February 9, 2018. The left knee disability has also been granted a 20% rating since February 9, 2018.

The Veteran's major depressive disorder with panic disorder is granted service connection. The left shoulder and clavicle disability, as well as the cervical spine disability, are denied due to lack of evidence linking these conditions to his military service.

The Veteran's cervical spine degenerative arthritis and degenerative disc disease, as well as bilateral foot plantar fasciitis, are not service-connected.,The remaining issues of service connection for a thoracolumbar spine disorder, vertigo, and left upper extremity dysesthesia remain pending.

The Board has determined that the Veteran's claims for service connection of right shoulder, left shoulder, and neck disabilities are denied as there is no evidence to support a finding that these conditions were incurred in or aggravated by his active military service.

The Board denied higher disability ratings for the Veteran's cervical spine disabilities, finding that his condition did not warrant a rating in excess of 10 percent prior to October 13, 2021, and a 20 percent rating as of that date.

The Veteran's claim for a compensable rating for residuals of bladder cancer prior to January 19, 2021 is granted. The claim for a greater than 20 percent rating after that date is denied. Service connection for fibromyalgia and neck disability are both remanded.

The Veteran's claims for service connection for a left ankle disability and PTSD were dismissed as the claims have been resolved by full grant of benefits.,The Veteran's adjustment disorder with anxiety and depressed mood, previously claimed as PTSD, was also dismissed.

The Board has remanded several claims for further development, including obtaining medical records from the Veteran's periods of Reserve service and scheduling VA examinations to address the etiology of various conditions.

The Board has determined that a VA examination is needed to assess whether the Veteran's cervical spine disability has caused and/or aggravated his radiculopathy of the bilateral upper extremities. Service connection for these conditions will be granted if found to be warranted.

The Board denied the Veteran's claims for service connection for various conditions, including PTSD, polysubstance use disorder, neck and back disabilities, tinnitus, and bilateral hearing loss. The decision found that there was no evidence of a nexus between these conditions and service.

The Veteran's thoracolumbar strain is rated at 40 percent since August 12, 2004. Her cervical strain is also rated at 40 percent since the same date.

The Board has remanded the case due to inadequate etiology opinions and a need for new evidence regarding the Veteran's cervical spine disability, which is currently considered secondary to service-connected carpal tunnel syndrome.

The Veteran's cervical spine disability was rated at 10 percent prior to February 5, 2020 and at 30 percent beginning February 5, 2020. The rating for IVDS with ulnar nerve involvement of the upper extremities remains at 10 percent.,The Veteran's cervical spine disability was rated based on symptoms such as pain and stiffness without ankylosis or other severe functional impairment.

The Board has granted service connection for a cervical spine disorder, finding that the Veteran's current condition is likely due to an injury sustained during active duty training (ACDUTRA) in July 1961. The claim was reopened based on new evidence linking the current disability to this incident.

The Board has remanded the case due to insufficient opinion regarding whether the Veteran's headache disability is caused or aggravated by his service-connected schizoaffective disorder and/or cervical spine condition.

The Veteran's service connection claims for cervical spine disorder, thoracolumbar spine disorder, obstructive sleep apnea, and COPD are being remanded due to incomplete personnel records that need to be obtained.

The Veteran's claim for compensation under 38 U.S.C. § 1151 is remanded due to insufficient medical opinions regarding the proximate cause of his additional disabilities and whether an unforeseeable event occurred during VA referral.