Neck / cervical spine decisions — 2021

The Board has decided to remand several claims for further development due to the submission of additional evidence not previously reviewed by the AOJ. The Veteran's increased rating claim for left knee disability, service connection claims for eye disability, joint pain, neck disability, headaches, and prostate cancer are all being remanded.

The Veteran's service-connected disabilities did not preclude him from obtaining or maintaining gainful employment prior to August 12, 2009.

The Veteran's low back disability is now rated at 40 percent, effective from the date of this decision.,The Veteran's right shoulder condition is now rated at 30 percent, effective from the date of this decision. The TDIU claim was denied.

The Board has determined that the Veteran's cervical spine disability is at least as likely as not aggravated by his service-connected left knee disability, and thus grants secondary service connection for this condition.

The Veteran's cervical spondylosis with right upper extremity paresthesias is rated at 20 percent prior to June 16, 2021. Ratings in excess of 20 percent are denied from that date forward. The Veteran's right arm radiculopathy and residuals of axillary hydradenitis suppurative are each rated at the initial level assigned.

The Board has remanded the claims for service connection for lumbar spine arthritis, cervical spine degenerative disc disease, and fibromyalgia due to a lack of a VA examination addressing any relationship between the claimed disabilities and active service.

The Board has granted service connection for depressive disorder, cervical muscle spasms, and lumbar myositis, minimal spondylosis as secondary to the Veteran's service-connected bilateral foot disability.,The evidence supports a finding that these conditions are related to his service-connected bilateral foot disability.

The Board has remanded the Veteran's claims for service connection due to insufficient medical opinions regarding the etiology of his claimed disabilities. The issues include bilateral carpal tunnel syndrome, cervical spine disability, lumbar spine disability, bilateral ankle disability, and right leg sciatica.

The Veteran's appeals for service connection or disability ratings have been dismissed as she has withdrawn her appeal in its entirety.

The Board has remanded the Veteran's claims for service connection due to inadequate medical opinions and inextricably intertwined issues.

The Board has remanded the Veteran's claims for additional development and notification, including providing clarification of a January 8, 2018 notification letter. The Veteran must be provided specific correspondence addressing his January 2018 and October 2020 inquiries and clarification of the aforementioned notice letter.

The Veteran's right lower extremity sciatica is granted as service connected, with the Board finding it likely caused by his service-connected lumbar spine DDD and cervical spine spondylosis. The other issues are remanded for further evaluation.

The Board has granted service connection for degenerative arthritis of the cervical spine, finding that it had its onset in service and is related to a motorcycle accident during active duty.

The Veteran's claims for increased ratings for 11th cranial nerve dysfunction and degenerative changes of the cervical spine were remanded by the Board.,The Veteran's service-connected conditions have not met the criteria for a compensable evaluation from September 23, 2014, or an evaluation in excess of 10 percent from March 1, 2018, for 11th cranial nerve dysfunction. The Veteran's cervical spine disability has not met the criteria for a rating in excess of 20 percent from September 23, 2014, or an evaluation in excess of 30 percent from March 1, 2018.

The Veteran's cervical spine disability was granted an increased rating of 30 percent prior to August 23, 2019.,An initial rating in excess of 30 percent for the cervical spine disability since August 23, 2019, and a separate rating for left upper extremity radiculopathy were denied.

The Board has remanded several cases involving the Veteran's service-connected disabilities, including left knee degenerative joint disease, right knee patellofemoral pain syndrome with spurring and status post chondroplasty, recurrent subluxation of the right knee, postoperative cervical fusion with Brown-Sequard syndrome prior to July 6, 2018, and lumbosacral spine degenerative joint disease. The cases are remanded for further development.

The Board has denied an increased rating for cervical spine degenerative changes at C4-C6 and service connection for hernia to include as secondary to the service-connected disability of lumbar spine degenerative disc disease. The case is remanded for further development.

The Veteran's claims for service connection for various conditions, including chest pain, irregular heartbeat, and a cervical spine condition, have been denied as there is no evidence of current disabilities or a link to service.

The Veteran's unauthorized non-VA medical expenses for emergency treatment on August 11, 2015 are granted as his neck pain was of such a nature that a prudent layperson would have reasonably expected delay in seeking immediate medical attention to be hazardous to life or health.