Neck / cervical spine decisions — 2021

The Veteran's cervical spine disability was initially rated at 10 percent from October 14, 2011 to February 6, 2019 and increased to 20 percent thereafter.,The Veteran's low back disability was initially rated at 10 percent from October 14, 2011 to February 6, 2019 and increased to 20 percent thereafter. The left lower extremity radiculopathy was also granted a 20 percent rating.

The Veteran's claims for service connection and CUE related to his cervical spine degenerative disc disease and migraine headache have been remanded due to the need for further review of the evidence.

The Board denied the Veteran's claims for service connection due to lack of new and relevant evidence.

The Board has decided to remand the case due to a duty to assist error, specifically failing to obtain an etiological opinion regarding the Veteran's cervical spine disability. The Veteran is entitled to service connection for his claimed upper back impairment.

The Veteran's claims for increased ratings and service connection are being remanded due to the failure to report for VA examinations. The case will be returned for further development.

The Veteran's cervical spine disability was not manifested by forward flexion of the cervical spine to 15 degrees or less, ankylosis of the cervical spine, or muscle spasm or guarding severe enough to result in an abnormal gait or spinal contour.,For the period from June 3, 2021, the Veteran's lumbar spine disability was not manifested by forward flexion of the thoracolumbar spine to 30 degrees or less, ankylosis of the entire thoracolumbar spine, or muscle spasm or guarding severe enough to result in an abnormal gait or spinal contour.

The Veteran's claims for increased ratings and a compensable rating for allergic rhinitis, lumbosacral spine disability, cervical spine disability, and fibromyalgia are being remanded due to the need for updated VA examinations.

The Veteran's neck disability is rated at 20% prior to May 14, 2021 and at 30% from May 14, 2021. The skin disability is rated at 30%. The effective dates for increased ratings are granted.,The claims for an earlier effective date for the increased ratings of RUE and LUE have been granted.

The Board has remanded the case due to new evidence added to the record, and an additional examination is needed to determine if the Veteran's spine disability is related to his service.

The Veteran's claims for service connection for various conditions, including bilateral hearing loss and adjustment disorder with mixed emotional reaction (claimed as depression), are denied. The Veteran's claims for increased ratings for PTSD and lumbar strain are remanded.

The Board has remanded the claims for increased ratings and earlier effective dates for various service-connected disabilities, including arthritis of the lumbar spine, cervical spine disability, depressive disorder, bilateral upper extremity radiculopathy, and bilateral lower extremity radiculopathy. The case is also being remanded to consider an earlier effective date for TDIU.

The Board has remanded the Veteran's claims for bilateral neuropathy of the upper extremities and cervical spine DJD due to inadequate compliance with previous remand directives. The VA examinations did not fully address whether the Veteran's conditions are related to service or caused by his service-connected right shoulder condition.

The Veteran's service-connected disabilities render him unable to engage and retain substantially gainful employment, qualifying for TDIU. The Veteran is not in need of regular aid and attendance due to his service-connected disabilities, thus SMC on the basis of aid and attendance is denied.

The Board has denied service connection for a lung disability, including COPD, pulmonary fibrosis, and emphysema. The Veteran's right ring finger, back, cervical spine, and psychiatric disabilities have been found to preclude him from securing and following substantially gainful employment prior to October 10, 2012. Service connection has also been denied for a right foot disability and a right hip disability.

The Board has granted a disability rating of 30 percent for the service-connected cervical spine strain prior to August 25, 2016. The Veteran's condition was found to be essentially the same before and after this date.

The Veteran's claim for an increased rating for postherpetic neuralgia of the 9th cranial nerve involving the right ear was granted with a 10 percent evaluation effective August 13, 2020. The Veteran's TDIU claim was denied as his service-connected disabilities did not render him unable to secure or follow substantially gainful employment.

The Board has remanded two issues related to the Veteran's cervical and lumbar spine disabilities for further development, including obtaining updated VA examinations that address specific functional loss during flare-ups or after repetitive use.

The Veteran's cervical spine disability, including right and left upper extremity radiculopathy, is granted as secondary to his service-connected cervical degenerative disc disease.,Service connection for right lower and left lower extremity lumbar radiculopathy (previously characterized as muscle pain) is also granted.

The Veteran's claims for increased ratings and service connection were denied, with effective dates set at August 9, 2016.

An effective date of May 17, 2012, but not before, for the assignment of a 30 percent disability rating for tension headaches is granted.,An effective date of June 14, 2012, but not before, for the original assignment of a 20 percent disability rating for cervical strain with degenerative disc disease (DDD) is granted.,An effective date of June 14, 2012, but not before, for the original assignment of a 20 percent disability rating for lumbar DDD is granted.,An effective date of June 14, 2012, but not before, for the original assignment of a TDIU is granted.