Neck / cervical spine decisions — 2021

The issue of service connection for a cervical spine disability is dismissed. The issues of service connection for residuals of frostbite of the hands and feet are denied.

The Board has decided to remand the cases for further examination and opinion regarding service connection for right upper extremity radiculopathy, an increased rating for cervical strain with osteoarthritis, and a TDIU. The Veteran's claims are being returned due to conflicting medical findings and need clarification on functional loss.

The Veteran's appeals for lumbosacral/cervical strain, hemorrhoids, prostate disability, and hypertensive vascular disease have been dismissed.,The appeal of the claim of service connection for renal cancer has been granted. The appeal of the claim of service connection for lung cancer (to include as secondary to renal cancer) is pending and remanded.

The Veteran's cervical spine disability is currently rated at 40 percent, and his lumbar spine disability is also rated at 40 percent. The Veteran was granted a separate rating for left lower extremity radiculopathy (10%) and right lower extremity radiculopathy (10%). A TDIU has been granted.

The Veteran's service-connected disabilities do not prevent him from securing or following any substantially gainful employment, as he has maintained a successful rental property business and works part-time as a consultant.

The Veteran's service-connected disabilities render him unable to secure or follow all forms of substantially gainful employment, and the Board has granted a total disability evaluation based on individual unemployability (TDIU).

The Board has remanded the Veteran's claims for service connection for neck, back, left hip, and right knee disabilities due to his failure to report for VA examinations scheduled on remand.

The Board has remanded the claims of service connection for neck and right shoulder disabilities due to inadequate medical opinions regarding aggravation.

The Veteran's claims for service connection for left hip condition, painful motion associated with left knee condition (now diagnosed as arthritis), and limitation of motion associated with left knee condition (now diagnosed as arthritis) have been dismissed.,The Veteran's claims for service connection for allergic rhinitis and sinusitis have also been dismissed.

The Veteran's claim for service connection for a neck disorder is reopened. The claims for anxiety and cervical spine disorders are also remanded.

The Board has remanded the claims for a rating greater than 40 percent for a back disability on an extraschedular basis prior to April 21, 2003 and TDIU on an extraschedular basis prior to April 21, 2003. The decision is pending further development.

The Veteran's claim for an initial compensable rating for residuals of a TBI and earlier effective dates for service connection have been remanded due to the need for additional evidence.,The Veteran's claims for increased ratings for PTSD and cervical strain with degenerative disc disease are also being remanded.

The Board has remanded the claims for service connection due to inconsistencies in the medical opinions provided. The cervical spine disability claim requires clarification of whether it is at least as likely as not related to service, while the psychiatric disorder claim needs a determination on aggravation by service-connected lumbar degenerative joint disease.

The Veteran's initial claim for an increased rating for bilateral hearing loss was denied, and the Board has remanded this issue.,Service connection claims for cervical spine/stenosis neck injury, left shoulder disability, and right shoulder disability were also remanded.

The Board denied service connection for various musculoskeletal conditions, stomach condition, hypothyroidism, and acquired psychiatric disorder. The Veteran's claims were remanded for further development.

The Board has determined that the Veteran's cervical spine disability, diagnosed as degenerative arthritis of the cervical spine, spinal stenosis, multilevel cervical spondylosis, multilevel foraminal stenosis, and multilevel cervical spondylosis, is causally related to active duty. As such, service connection for this condition has been granted.

The Board has remanded the Veteran's claims for neck, back, and neurological disabilities in his upper and lower extremities, as well as his acquired psychiatric disorder and sleep apnea. The claims are also remanded to determine if erectile dysfunction is related to these conditions.

An initial increased rating in excess of 20 percent for a cervical spine disorder, from August 8, 2019 to October 11, 2020, and in excess of 30 percent, from October 12, 2020 to the present, is denied.,Service connection for a headache condition, as secondary to the service-connected cervical spine disorder, is granted.

The Veteran's claims for service connection for left shoulder, right shoulder, back, and neck disabilities have been denied as there is no evidence of current disability related to her active duty training.

The Board denied the Veteran's claims for service connection for lumbar and cervical disabilities, finding that there was no evidence of a chronic disability related to her active service. The Board also found that she did not meet the criteria for TDIU.