Neck / cervical spine decisions — 2021

The Board has remanded the case for further development, including obtaining an addendum VA medical opinion regarding the etiology of the Veteran's lung granulomas.

The Veteran's appeal for service connection for cervical radiculopathy, right upper extremity was dismissed.,A rating in excess of 30 percent for cervical spine degenerative disc disease from August 4, 2014 is denied.

The Veteran's claim for a higher rating for his cervical spine disability is granted, effective January 26, 2011. The Veteran also has service connection established for PTSD and sleep apnea.

The Board has decided to remand the Veteran's claims for left knee, lumbar spine, and cervical strain disabilities due to their secondary nature to his service-connected right knee disability. The VA will obtain additional medical opinions regarding the etiology of these conditions.

The Board has remanded the Veteran's claim of service connection for a cervical spine disorder due to insufficient evidence regarding its etiology. A VA examination is required to determine if the Veteran's current condition is related to his military service.

The Board denied the Veteran's claim for service connection for a neck disability, finding that it is not related to his active service or service-connected left radial fracture residuals.

The Board has remanded the case due to insufficient information regarding the relationship between the Veteran's upper back conditions and his service-connected low back disability, specifically cervical myositis, thoracic DDD, and thoracic spondylosis.

The Veteran's appeal is remanded for additional development to determine the nature and etiology of his acquired psychiatric disorder, mild thoracic scoliosis and arthritis with multi-level lumbar spondylosis, and degenerative disc disease of the cervical spine. The Veteran will also be asked to provide stressor statements for his PTSD claim.

The Veteran was granted TDIU for the appeal period prior to August 2, 2012 due to his service-connected disabilities preventing him from securing and following substantially gainful employment.

The Board has remanded the Veteran's claims for service connection for neck and back disabilities, as well as his claim for TDIU due to a lack of development on certain theories of service connection.

The Veteran's claim for a TDIU is being remanded due to lack of substantial compliance with the Board’s June 2017 remand directives and the need to obtain updated VA treatment records and conduct a combined effects VA medical opinion.

The Veteran's tinnitus is currently rated as 10 percent disabling, effective September 12, 2012. The claim for an increased rating must be denied based on a lack of entitlement under the law.,The Veteran filed his claim of entitlement to service connection for headaches more than one year after his separation from active service and years following the first complaints and/or treatment for headaches. An effective date prior to August 24, 2017, is not warranted as the claim was received in August 24, 2017.,The Veteran's erectile dysfunction, anxiety and mood disorder, and TBI disabilities are currently rated based on their severity under the applicable rating criteria. The claims for increased ratings remain in controversy as less than the maximum benefit available was awarded.,The Veteran has not been afforded a VA examination to determine if he has an eye disability (macular holes) due to his military service. A remand is required to schedule such an examination.,The Veteran's PTSD claim remains pending as there is conflicting evidence of record regarding whether the Veteran currently has PTSD. A new VA examination is needed to clarify this issue.,The Veteran's right shoulder disability, bilateral knee disabilities, cervical strain, and left lower lumbar radiculopathy are rated based on their severity under the applicable rating criteria. The claims for increased ratings remain in controversy as less than the maximum benefit available was awarded.,The Veteran's lumbosacral DDD, right calcaneal spurring, and left lower lumbar radiculopathy disabilities have not been evaluated since April 2019. A new VA examination is needed to evaluate these conditions based on their current severity.,The Veteran's headaches are currently rated as 50 percent disabling under DC 8100. The claim for an evaluation in excess of 50 percent remains pending and a remand is required to schedule the Veteran for a VA examination to assess his functional impairments, if any.,The Veteran has not been afforded a VA examination to determine whether he should be granted earlier effective dates prior to August 24, 2017. A new VA examination is needed to evaluate these issues based on their current severity.,The Veteran's nonservice-connected pension claim remains pending as the remanded issues could significantly impact this decision.

The Board has remanded the Veteran's claims for a disability rating in excess of 20 percent for cervical disc disease and for TDIU due to the need for further development, including an updated VA examination.

The Veteran's cervical spine DDD and lumbar spine DJD have been granted increased disability ratings of 20% each, effective November 25, 2019. The TDIU claim has also been granted.

The Veteran's appeal is remanded for additional development to determine the etiology of his nonspecific interstitial pneumonitis and to obtain private treatment records from Dr. J.P. and Paradigm Orthopedics.

The Board has remanded the Veteran's claims for service connection due to incomplete medical records and need for additional examinations. The Veteran is not entitled to a rating or effective date at this time.

The Board denied service connection for a cervical spine disorder, finding that it is not caused or aggravated by the Veteran's service-connected left knee disability.

The Veteran was granted a Total Disability Rating Based on Individual Unemployability (TDIU) effective November 28, 2007. The Board found that the Veteran's service-connected disabilities rendered him unemployable beginning February 8, 2006.

The Board denied the Veteran's claims for service connection for a cervical spine disorder and a respiratory disorder, finding that there was no evidence of chronic disability during or within one year after service. The Board also found that any current cervical spine disorder is not related to his military service.

The Veteran's cervical spine arthritis is currently rated at 20 percent, which is the maximum schedular rating available for this condition. The Board found that the evidence did not support a higher rating based on limitation of motion or other factors.