Neck / cervical spine decisions — 2021

The Board has remanded the case due to inadequate examination and further development is needed to determine if the Veteran's cervical spine strain with spondylosis is related to his service-connected left hip arthroplasty.

The Board has denied the Veteran's claims of service connection for cervical spine, left upper extremity neuropathy, left upper extremity radiculopathy, and a left shoulder disability due to lack of evidence showing these conditions were incurred or aggravated by active service.

The Veteran's service-connected disabilities have precluded him from securing or following a substantially gainful occupation, and the Board has granted entitlement to TDIU. The issues of service connection for neck disability and heart condition are remanded due to insufficient evidence.

The Veteran's initial increased rating claim for his cervical spine disability prior to April 3, 2014 was denied. The Board found that the preponderance of evidence did not support ankylosis or incapacitating episodes requiring bed rest prescribed by a physician.

The Board denied the Veteran's claims of service connection for lumbar spine and cervical spine disorders, finding no evidence of in-service injury or disease that led to current conditions.

The Board has remanded the issues of service connection for right knee strain, cervical strain, and migraine headaches due to insufficient development.

The Veteran's service-connected disabilities did not render her unable to secure or follow a substantially gainful occupation prior to December 13, 2012.

The Veteran's claims for increased ratings for his back and neck disabilities, as well as left upper extremity radiculopathy, were denied. The effective dates of the decisions are not provided.

The Veteran's appeals for increased disability ratings in excess of 10 percent for DJD left shoulder, thoracolumbar spine scoliosis, and cervical spine scoliosis have been dismissed.

The Veteran's initial rating for cervical spine disability was denied as his condition did not meet the criteria for a higher rating prior to June 13, 2013.

The Veteran's cervical and lumbar spine disabilities are currently rated at 20 percent, but the Board finds that these ratings do not meet the criteria for a higher rating based on the evidence of record.

The Board has determined that there are outstanding VA, private, and military treatment records that need to be obtained for the Veteran's claims. The issues of service connection for a cervical spine disorder, back disorder, TDIU, erectile dysfunction as secondary to a back disorder, back surgical scars as secondary to a back disorder, and compensation under 38 U.S.C. § 1151 have been remanded due to this outstanding evidence.

The Veteran's neck and back disability claims are being remanded for further proceedings, including obtaining additional medical records and conducting a new examination to assess the current severity of his disabilities.

The Board has remanded the claims due to incomplete verification of the Veteran's periods of active duty for training (ACDUTRA) and inactive duty for training (IDT). The AOJ needs to verify these periods, obtain any outstanding service treatment records, and determine if additional medical opinions are needed.

The Board has determined that a VA examination is needed for the Veteran's cervical spine condition, lumbar spine condition, and hypertension claims due to insufficient medical evidence of record. The Veteran asserts her conditions began in service and are related to exposure during active duty.

The Board has remanded the issue of an evaluation in excess of 50 percent for major depressive disorder, but denied the TDIU claim as the Veteran was employed full-time prior to March 20, 2019.

The Veteran's appeals have been dismissed as she withdrew her appeal for hidradenitis suppurativa, pigmentary retinal dystrophy, and carpal tunnel syndrome of the left hand. The case regarding carpal tunnel syndrome of the right hand is not addressed in this decision.

The Board denied service connection for a heart disorder and denied initial ratings for headache disorder, cervical spine degenerative disc disease, and lumbar spinal degenerative disc disease. The Veteran's headaches are rated at 10% from May 1, 2015, but the claim is denied for higher ratings. The cervical and lumbar spine conditions do not meet criteria for initial rating higher than 10%. Service connection was not granted due to lack of a diagnosed heart disorder.

The Veteran's cervical spine fracture with spondylosis is rated at 30 percent since the initial rating decision, effective from May 6, 2014. Separate ratings of 20 percent are assigned for radiculopathy affecting the right and left upper extremities from May 6, 2014 to April 21, 2015.

The Board found that the Veteran's back condition did not have its onset during active service and is not otherwise caused by active service, thus denying his claim for service connection.