Neck / cervical spine decisions — 2021

The Board has granted service connection for cervical spine degenerative disc disease and degenerative changes, finding that the condition originated during active service.

The Veteran's appeal for an increased rating for a cervical spine disability is dismissed due to the death of the Veteran. The appeal regarding the timeliness of the notice of disagreement (NOD) and motion of clear and unmistakable error (CUE) on a January 2014 rating decision is also dismissed.

The Board has remanded the cases for further development, including obtaining medical opinions regarding service connection and a new examination to assess the severity of the veteran's bruxism.

The Board has determined that the VA examinations and medical opinions are not adequate, necessitating further clarification of the medical evidence regarding the etiology and pathophysiology of the Veteran's claimed disabilities.

The Veteran's cervical degenerative disc disease is related to a vehicle hit improvised explosive device (IED) incident during service, and the Board has granted service connection for this condition.

The Board has remanded the case due to incomplete reasoning in the VA provider's opinion regarding whether the Veteran's cervical spine disability was aggravated by his service-connected lumbar spine disability. The case needs to be returned for a new advisory medical opinion addressing these issues.

The Board has granted service connection for the Veteran's thoracolumbar spine, cervical spine, bilateral knee disabilities, and acquired psychiatric disorder (unspecified depressive disorder) as secondary to his service-connected bilateral pes cavus. The decision also remanded the issues of service connection for radiculopathy of the upper and lower extremities.

The Board has decided that the Veteran's cervical spine condition, which is related to his service-connected intervertebral disc disease, should be remanded for further examination and opinion.

The Veteran's respiratory disability, as currently diagnosed, is granted. A total disability rating based on individual unemployability (TDIU) is granted. The Veteran's service connection for ischemic heart disease and neck disability are remanded.

The Board has remanded the Veteran's claims of service connection for a left foot disorder and a cervical spine disorder due to insufficient evidence in the record.

The Veteran's migraines/tension headaches are rated at 50 percent from January 10, 2013. The Board also granted a TDIU based on his service-connected disabilities.

The Veteran's tinnitus was granted service connection. The Board found that the Veteran had a current diagnosis of tinnitus and credible reports of its onset during service, resolving all doubts in his favor. Service connection for neck disorder, radiculopathy of upper extremities, right shoulder disorder, and left ankle disorder is remanded due to inadequate medical opinions.

The Veteran's claim for an effective date prior to May 9, 2018 for the award of special monthly compensation based on housebound criteria being met was denied. The Board found that there is no legal entitlement to the statutory housebound rate prior to May 9, 2018.,The Veteran's claim for an effective date prior to July 17, 2018 for the award of special monthly compensation based on aid and attendance criteria being met was granted. The Board found that the first evidence of need for aid and assistance in the record is dated June 11, 2018.

The Board has remanded the claims for coronary artery disease, diabetes mellitus, peripheral neuropathy of the lower extremities, and headaches due to potential errors in the duty to assist. The cervical spine disability claim remains denied.

The Veteran's disability rating for left lower extremity radiculopathy affecting the sciatic nerve was restored to 40 percent effective February 1, 2020.,The Veteran was granted entitlement to a TDIU based on her service-connected disabilities.

The Veteran's anxiety disorder is granted as service-connected.,The Veteran's hypertension, secondary to his service-connected anxiety disorder, is granted as service-connected.,The Veteran's bilateral lower extremity diffuse atherosclerotic disease, secondary to his service-connected hypertension, is granted as service-connected.,The Veteran's CAD, secondary to his service-connected hypertension, is granted as service-connected.,The Veteran's cervical spine disorder is denied as not related to active service.

The Board has denied service connection for right shoulder condition, bilateral hearing loss, restless leg syndrome, residuals of a fracture of the left wrist, and cervical strain. The claims are remanded due to insufficient evidence in some cases.

The Board has remanded the service connection claims for back or neck disability and bilateral shoulder disability due to inadequate examination opinions. The Veteran's lay statements about his symptoms during and after service, as well as a private treatment record, need to be considered in the new examination.

The Veteran's service-connected disabilities, including cervical spine degenerative joint disease, right upper extremity radiculopathy, left upper extremity radiculopathy, right shoulder degenerative joint disease, right knee patellofemoral syndrome, left knee patellofemoral syndrome, right ankle sprain, and other conditions, have rendered him unable to secure or follow substantially gainful employment. The Board has granted a TDIU based on the combined service-connected disability rating of 80 percent.

The Veteran's cervical spine strain, right knee instability, right elbow olecranon bursitis and DJD, migraine headaches, and left foot sprain with hallux valgus, arthritis, and pes planus have been granted or maintained. Service connection for these conditions is established through a direct link to service without any presumption of exposure.