Neck / cervical spine decisions — 2021

The Board has granted a 30 percent rating for the Veteran's neck disability from February 26, 2020, effective September 24, 2012. The criteria for ankylosis were not met at any time during the appeal period.

The Board has remanded the claims for cervical spine disability and sleep apnea due to insufficient opinions from previous VA examiners. The Veteran's lay testimony regarding in-service injuries and symptoms will be considered.

The Veteran's claims for cervical spine disorder, eye disorder (secondary to TBI), bilateral hearing loss (secondary to TBI), and obstructive sleep apnea are being remanded due to the need for additional examinations.

The Veteran's claim for a higher rating for his back and neck disabilities has been granted. For the period from October 8, 2015 to June 12, 2016, he is entitled to a 40 percent rating for his back disability. For other periods, including from October 8, 2015 to February 9, 2020 and from April 1, 2020, the Veteran's claim was denied as his disabilities did not warrant a higher rating. The Veteran is also granted a 40 percent rating for his neck disability starting November 17, 2020.

The Board has remanded the claims for service connection due to deficiencies in previous VA opinions and lack of contemporaneous medical records.

The Board has remanded both service connection claims for the Veteran's cervical spine disorder and left arm tingling/numbness. The reasons include inadequate findings in previous VA examinations, lack of continuity of symptoms between service discharge and post-service records, and need to consider the Veteran's lay assertions regarding his symptoms during service.

The Veteran's claim for service connection for residuals of a traumatic brain injury is denied.,Service connection for the right shoulder disability, cervical spine disability (prior to October 6, 2020), and bilateral acquired pes planus with hallux valgus are also denied. The Veteran's GERD symptoms have been granted an initial evaluation in excess of 10 percent.

The Veteran's claims for increased ratings for diabetic peripheral neuropathy and dengue fever residuals are being remanded due to the receipt of additional VA clinical documentation.

The Veteran's chronic cervical spine myofascitis with degenerative disc disease is found to be causally related to an in-service cervical spine injury, and service connection for this condition is granted.

The Veteran's claims for service connection and increased rating for PTSD, as well as the grant of a TDIU effective September 2, 2013, are all granted. The OSA claim was reopened based on new evidence received after the initial denial in 2012.

The Veteran's appeal for a higher rating for his cervical spine degenerative joint disease and associated radiculopathy was granted due to equitable tolling of the 60-day filing requirement, as he believed he had properly opted into the Appeals Modernization Act (AMA).

The Veteran's cervical strain was rated at 30 percent, effective June 11, 2021. The rating is granted as the condition meets the criteria for a 30 percent disability rating.

The Veteran's degenerative disc disease of the cervical spine and related headaches have been granted service connection.

The Board has remanded the claims for service connection due to insufficient opinions on causation and aggravation, as well as a disconnect between requested and provided opinions.

The Board has remanded the Veteran's claims for cervical spine, thoracolumbar spine, right shoulder, right knee, and left knee disabilities due to inadequate medical opinions. The VA is required to obtain addendum opinions addressing whether these conditions are related to service.

The Board has remanded the Veteran's claims for additional medical inquiry and to provide a response to the Veteran's attorney regarding requested information.

The Board has remanded the Veteran's claims for cervical spine, bilateral hip and knee disabilities due to insufficient examination reports and opinions. The issues are related to direct service connection.

The Board has remanded the cases for further development and readjudication due to outstanding issues.

The Board has determined that the VA Regional Office did not substantially comply with its previous remand instructions and thus requires further development for a cervical spine disorder claim.

The Board denied service connection for back and neck disorders, finding that the evidence did not support a link between these conditions and active service.