Neck / cervical spine decisions — 2021

The Board has remanded several issues related to the Veteran's service-connected disabilities, including ratings for various conditions and claims of secondary service connection. The decision also notes that there are outstanding VA treatment records which need to be obtained.

The Board dismissed all the appeals as they are related to deceased Veteran's claims.

The Veteran's service-connected disabilities render him unable to engage and retain substantially gainful employment, leading the Board to grant his claim for Total Disability Rating Based on Individual Unemployability (TDIU).

The Board has remanded the cases for further development and to obtain VA medical opinions regarding the Veteran's claims for head injury residuals, lumbar spine disability, cervical spine disability, right shoulder disability, and bilateral knee disability.,Further examination is needed to determine if any of these conditions are related to service.

The Veteran's claim for service connection for PTSD is denied as the evidence does not support a finding that her current PTSD is related to military service.,Service connection for cervical dysplasia is also denied because there is no evidence of a current gynecological disability related to findings noted during service.

The Veteran's cervical spine strain disability is currently rated at 20 percent, and the Board has decided to remand this case for further evaluation due to lack of recent VA examination.

The Veteran's appeals seeking higher ratings for traumatic arthritis of the cervical spine, dorsal spine, back disability, and left ulnar nerve have been withdrawn. As a result, these issues are dismissed.

The Veteran's service-connected disabilities prevent her from securing and following substantially gainful employment prior to May 29, 2020. She is also found unable to secure or maintain substantially gainful employment due to her service-connected conditions.

The Board dismissed the Veteran's claims for service connection of lumbar and cervical spine disorders due to a lack of jurisdiction, as the Veteran opted-in to the modernized review system under AMA.

The Board denied attorney fees for the February 2021 rating decision because it was an initial decision on issues of increased rating and service connection, and the appellant is not eligible to represent the Veteran in these matters.

The Board has remanded the case due to inadequate examination and opinion regarding the etiology of the Veteran's neck disability. The examiner must provide an addendum addressing whether it is at least as likely as not that the Veteran's neck disability is related to service, including his reported fall.

The Board has remanded the service connection claims for cervical spine and bilateral leg disabilities due to insufficient medical opinions. The Veteran's current conditions are not related to his active service.

The Veteran's claims for a compensable rating for a right rib fracture, service connection for hearing loss, fibromyalgia, chronic fatigue syndrome, a right hip disability, and left hip disability have been withdrawn. The Board has also remanded the issues of service connection for neck, right ankle, right knee, and left knee disabilities, as well as gastroesophageal reflux disease (GERD).

The Board has granted service connection for cervical spine, right hip, and left hip disabilities. The Board found that the Veteran's current conditions are at least as likely as not related to his active duty service.

The Board has determined that the appellant's claims for service connection on appeal must be remanded due to a lack of VA examinations and development. The claims include bilateral hearing loss, bilateral foot disorder, left shoulder disorder, hypertension, acquired psychiatric disorder (initially claimed as anxiety and/or depression), left eye disorder, bilateral knee disorder, and cervical spine disorder.

The Board has found that additional development is needed for the issues on appeal due to incomplete records and inadequate examination. The Veteran's cervical spine disability, right upper extremity-dominant cervical radiculopathy, left upper extremity non dominant cervical radiculopathy, and surgical scar, right upper neck are all service-connected.

The Veteran's radiculopathy of the left and right lower extremities were rated as 10 percent disabling prior to August 21, 2020. From that date forward, they are each rated at 20 percent.,The Veteran's left knee condition and cervical spine condition have not been evaluated by VA since the rating period on appeal.

The Veteran's fibromyalgia, cervical spine disability, scar of the umbilical region, gastroesophageal reflux disease (GERD), and gynecological disability are all found to be related to her service. The Board has granted service connection for these conditions.,Service connection is also granted for the Veteran's vertigo as secondary to her service-connected migraines.

Service connection for left and right carpal tunnel syndrome has been granted.,The Board has remanded the issues of service connection for a neck disorder and a back disorder due to potential service causation or aggravation.

The Board has remanded the Veteran's claims of service connection for cervical and lumbar spine disabilities due to a motor vehicle collision in service. The case is sent back for further examination and opinions regarding the relationship between the current disabilities and service.