Neck / cervical spine decisions — 2021

The Veteran's claims for increased ratings and service connection were denied. For left cervical adenopathy, the disability did not meet criteria for a compensable rating since August 18, 2014. For right knee disorder, there was no evidence of in-service injury or chronic condition that could be linked to current symptoms.

The Veteran's right upper extremity radiculopathy was not manifested by symptoms of greater than slight incomplete paralysis prior to June 28, 2021. From that date, the evidence is at least in equipoise as to whether he met criteria for a higher evaluation.,Prior to June 28, 2021, the Veteran's cervical spine disability was manifested by forward flexion of 35 degrees and muscle spasm resulting in abnormal gait or spinal contour. Beginning that date, his disability was manifested by forward flexion of 55 degrees with muscle spasm.

The Board has dismissed all appeals for rating increases and service connection claims due to the Veteran's death.

The Board has determined that the VA examinations and opinions provided are inadequate for rating purposes, necessitating further development to address the etiology of the Veteran's claimed disabilities.

The Board has determined that the Veteran's neck disability started during active service and continued to present, granting service connection for this condition.

The Veteran's appeal is being remanded for further development due to the need for updated examinations and additional records, including VA and private treatment records. The claims include cervical arthritis, lumbar arthritis, hepatitis C, type II diabetes mellitus (DM), a left neck scar, and SMC based on aid and attendance needs.

The Board has remanded the Veteran's claims for additional development due to incomplete medical records and insufficient rationale in the previous decision.

The Veteran's claim for service connection for a back disability has been reopened and remanded due to the presence of new evidence showing lumbar degenerative disc disease.,The Veteran's claim for service connection for a neck disability remains denied as no new material evidence was received.

The Board denied service connection for a cervical spine disorder, numbness of the upper and lower extremities, and dizziness.,Service connection was not established for these conditions as there is no evidence linking them to active duty service or a service-connected condition.

The Board has decided to remand four claims for increased ratings due to the need for additional medical examination and development of records. The Veteran's right knee, left knee, and cervical spine disabilities are all involved.

The Veteran's service-connected disabilities, including GERD, IVDS, left shoulder rotator cuff tear, right sternoclavicular joint injury with rotator cuff tear, and cervical strain, have prevented him from securing and maintaining substantially gainful employment since June 8, 2018.

The Board has granted service connection for the Veteran's degenerative arthritis of the cervical spine, cervicogenic headaches, right upper extremity neuritis (claimed as radiculopathy), and obstructive sleep apnea, all secondary to his service-connected disabilities.

The Board has granted service connection for cervical degenerative disease with left radiculopathy (claimed as neck herniated disc C5-C6) and back herniated disc L4-L5 and degenerative disc L5-S1.,Both conditions are found to be related to the Veteran's in-service experiences, including heavy lifting and body strength workouts.

The Board denied an earlier effective date for the award of service connection for a neck disability, finding that no formal claim was filed prior to March 22, 2020. The Veteran's attorney raised a CUE motion related to the effective date but the Board does not have jurisdiction over such claims.

The Board has decided to remand the Veteran's claims for service connection for cervical spine, lumbar spine, right hip, and left hip disabilities due to duty-related injuries during military service. The VA medical opinions are inadequate as they did not consider the Veteran's lay statements regarding symptom onset and continuity.

The Board has denied the Veteran's claims for service connection for cervical spine condition, acquired psychiatric disorder (to include PTSD, anxiety and depression), TBI, and headaches. The evidence does not establish a link between these conditions and service.,There is no medical evidence showing any in-service injury or disease related to these conditions.

The Board has remanded the claims for increased ratings for cervical and thoracolumbar spine disabilities due to incomplete examination reports and a need to consider the effects of medications on the Veteran's functioning.

The Board dismissed all issues of service connection and evaluation for various conditions due to the Veteran's death.

The Board has determined that the remand instructions were not followed and requires additional medical opinions regarding service connection for cervical spine disability and bilateral upper extremity disability. The claims are being returned to the AOJ for further action.

The Board has granted service connection for thoracolumbar spine degenerative disc disease, finding that the Veteran's current condition is at least as likely as not related to his active duty service. The effective date of this decision is not specified.