Neck / cervical spine decisions — 2021

The Veteran's claim for service connection for scar tissue with numbness has been dismissed as the benefits sought have already been granted. The issue of service connection for cervical spine disability is reopened, but no new rating assigned. Service connection for fibromyalgia is denied. Bilateral hearing loss and back disability are not rated compensably or increased.

The Veteran withdrew his appeals for all issues related to service connection and ratings, effective from the date of the July 2016 phone call.

The Veteran's left foot, right knee, and left ankle conditions are granted service connection.,The Veteran's lumbar spine and cervical spine conditions secondary to her service-connected right foot and/or left knee conditions are remanded for further evaluation.

The Board has remanded the Veteran's claims for service connection due to inadequate medical opinions and lack of substantial compliance with prior remand directives.

The Veteran's cervical spine disability is currently rated at 20 percent, but the Board has granted a higher rating of 30 percent effective from May 1, 2016.

The Board has decided to remand the Veteran's claims for higher ratings for his service-connected back disability and lower extremity radiculopathy, as well as his claim for service connection for a neck disability. The VA is instructed to provide additional examinations and opinions to address these issues.

The Veteran's increased rating for cervical strain with degenerative disc disease is granted, but no higher.,Increased ratings are remanded for the Veteran's service-connected lumbar spine and sciatic nerve disabilities.,TDIU is remanded as it was not addressed in the previous decision.,Permanent and total rating and SMC based on need for aid and attendance are also remanded due to their interrelation with other issues.

The Veteran's cervical spine disability, radiculopathy of the left upper extremity, and radiculopathy of the right upper extremity are remanded due to a duty to assist error. A VA examination is required to assess current severity and manifestations.

The Veteran's cervical disc disease with arthritis is currently rated at 40 percent, but the evidence does not support a higher rating due to lack of unfavorable ankylosis or IVDS.,The Veteran's status post total right hip arthroplasty is currently rated at 50 percent. The evidence does not support a higher rating as there are no marked severe residuals and no need for crutches.

The Veteran's appeal is remanded due to the need for an addendum opinion regarding his claimed vertigo as secondary to his service-connected cervical spine disability. The current rating of 20 percent for his cervical spine disability remains unchanged.

The Veteran's claims for service connection for bilateral hearing loss, cervical spine disorder, lumbar spine disorder, headaches, and right ankle disorder are denied. The claim for service connection for a right ankle disorder is granted as new and material evidence has been received.

The Board has granted service connection for cervical spine degenerative disc disease (DDD) and left upper extremity radiculopathy, both secondary to the Veteran's service-connected right knee disability. The decision is based on the evidence showing that these conditions are caused by or aggravated by his service-connected right knee disability.

The Veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this appeal at this time.

The Board has granted service connection for left knee degenerative joint disease and cervical spine degenerative arthritis, finding that these conditions had their onset in service.

The Board has dismissed the appeals regarding whether VA received new and material evidence to reopen claims for bilateral hip disorder and cervical disorder.

The Board has remanded the case due to inadequate information provided in a previous VA examination regarding pain on range of motion testing for cervical spine osteoarthritis. The Veteran's disability rating remains under appeal.

The Board has remanded the Veteran's claims for additional development, including obtaining missing service treatment records and verifying claimed stressors. The Veteran is also to be provided with a new examination for his psychiatric disorder.

The Veteran's lumbar spine disorder and cervical spine disorder have been rated at 20 percent since October 28, 2015 and April 19, 2016 respectively. The Veteran has also received increased ratings for right lower extremity sciatic nerve radiculopathy (from October 28, 2015 to August 12, 2020), left lower extremity sciatic nerve radiculopathy (from October 28, 2015 to August 12, 2020), and low back surgical scars (since May 21, 2017). A TDIU has also been granted effective from October 28, 2015.,The Veteran's lumbar spine disorder and cervical spine disorder have not met the criteria for higher ratings under the applicable rating criteria.

The Board has determined that the Veteran's cervical strain with degenerative arthritis is not proximately due to or aggravated by his service-connected intervertebral disc syndrome, and thus denied service connection for this condition.

The Veteran's claims for service connection are being remanded due to the need for additional medical opinions regarding his pulmonary disorder, hip/thigh disability, foot disability, and cervical spine disability.,Additional treatment records will be obtained and reviewed by a VA examiner to determine if the Veteran has any of these conditions that were incurred in or related to service.