Neck / cervical spine decisions — 2021

The Veteran's claim for a higher disability rating for his right shoulder disorder is remanded. He also has claims for increased ratings for cervical spine and left upper extremity radiculopathy, which are also remanded.,There are issues with effective dates for dependency benefits, service connection, and disabilities related to the Veteran's cervical spine and left upper extremity radiculopathy. These issues are also remanded.

The Board has remanded the cases due to inadequate opinions regarding secondary service connection for a cervical spine disability and because of the potential impact on special monthly compensation.

The Board has denied the Veteran's claims of service connection for degenerative arthritis, cervical spine disability, and lumbar spine disability due to a lack of probative evidence showing these conditions were incurred in or aggravated by his active duty service.

The Board has remanded the case due to insufficient evidence regarding the Veteran's cervical spine disability and its relationship to service. The issues of service connection for a cervical spine disability and temporary total rating based on convalescence are also being remanded.

The Board has found that remand is necessary due to the lack of treatment records from Falk Chiropractic Wellness and Weight Loss Center, and an inadequate cervical spine examination. The Veteran's claim for a higher rating for degenerative arthritis of the cervical spine will be returned to the RO for further development.

The Board has reopened the Veteran's claims for service connection for lumbar spine disability, cervical spine disability, headaches, and acquired psychiatric disorder due to new and material evidence. The claims are being remanded for further examination and opinion.

The Veteran's back disability is not rated higher than 10 percent prior to June 13, 2014 and 40 percent thereafter.,The Veteran's neck disability is not rated higher than 20 percent.

The Board has remanded the claims for adequate VA opinions regarding cervical spine arthritis, right hip condition, and sleep apnea. The Veteran's service connection claims are not granted as there is insufficient evidence to establish a direct link between his conditions and military service.

The Board has remanded three issues related to service connection for lumbar spine disorder, cervical spine disorder, and radiculopathy in the upper extremities due to incomplete factual assumptions in the April 2017 VA examinations.

The Veteran's cervical spine disability is not service connected as it was not shown to be incurred or aggravated by his military service.,Service connection for neuropathy of the upper extremities (to include brachial plexus syndrome of the right upper extremity) and peripheral neuropathy of the lower extremities are granted as they are found to be secondary to his service-connected diabetes.

The Veteran's obstructive sleep apnea is granted as secondary to service-connected PTSD. The Board found the evidence in equipoise regarding whether the Veteran’s joint pain, lumbar spine disability, cervical spine disability, lipomas, Gulf War Illness, bronchial asthma, nasal polyps, digestive problems, hernia, and skin problems are related to service.

The Board denied service connection for a neck disability, left foot disability, and right foot disability. The Veteran's claims were based on his in-service complaints of pain but the evidence did not support a finding that any current disabilities originated during or were related to his military service.,There is no indication that the Veteran experienced chronic symptoms of these conditions prior to their onset post-service.

The Veteran's claim for service connection for a respiratory disorder, including left upper lobe granulomatous infection with pulmonary nodule, was reopened and granted effective June 20, 2013. An effective date of June 20, 2013, but no earlier, is assigned for the award of service connection. The Veteran's claim for TDIU prior to April 15, 2008 remains denied.

The Board denied the Veteran's claim for service connection for cervical spine disability, finding that there is no direct evidence linking his current condition to his military service. The Board also found insufficient evidence of secondary service connection due to his service-connected bilateral knee disability.

The Board has granted service connection for cervical disc disease and cervical spondylosis, finding that the current diagnoses are due to an in-service motor vehicle accident. Service connection for tension headaches is also granted as secondary to now service-connected cervical spine disabilities.

The Board has remanded the reduction in disability rating, severance of service connection for PTSD, and discontinuance of TDIU due to fraud allegations. The Veteran disagrees with these decisions and requests further investigation into the OIG report and his plea agreement.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence regarding his periods of active duty, ACDUTRA and INACDUTRA. The Veteran is also required to undergo an updated examination for his chondromalacia, left knee with patellar tendonitis.

The Veteran's cervical spine DDD is rated at 10 percent prior to July 29, 2016 and 20 percent thereafter. The rating for right shoulder strain was denied before July 26, 2016 and granted as of that date with a 30 percent rating. Ratings for left shoulder strain, limitation of flexion in the right knee, and limitation of flexion in the left knee were also denied.

The Board has remanded the claims for service connection for low back and neck disabilities due to insufficient evidence regarding continuity of symptoms since service.

The Board has remanded the Veteran's claims for hypertension and cervical spine disability due to insufficient opinions regarding whether these conditions are aggravated by his service-connected PTSD and arthritis of the lumbar spine, respectively.