Neck / cervical spine decisions — 2021

The Board has remanded the claims for service connection for various knee and hand disorders due to incomplete development of records.

The Board denied service connection for cervical spine degenerative disc disease and degenerative changes with stenosis, finding that the current condition is not related to service due to lack of evidence showing chronicity or a link between in-service injuries and the current disability.

The Veteran's neck disability, left arm disability, right arm disability, left leg disability, and right leg disability are all related to his military service. The VA has remanded these issues for further development.,Service connection is being remanded for the Veteran's neck disability, LUE PN, RUE PN, LLE PN, and RLE PN as they may be connected to his MOS and exposure to Benzene.

The Board denied the Veteran's claims for service connection for cervical spine, thoracolumbar spine, and epidermal inclusion cysts on back disabilities. The claim for total disability rating based on individual unemployability was granted.

The Veteran's lumbar spine disability and cervical spine condition are both remanded for further examination and opinion. The rating for the lumbar spine disability is also remanded.

The Veteran's service-connected cervical spine disability does not prevent her from securing or following a substantially gainful occupation, and thus the claim for TDIU is denied.

The Board has remanded the claims for service connection and TDIU due to incomplete records, including VA treatment records from before 2010 and private medical records from various providers. The Veteran is asked to provide authorization for VA to obtain these records.

The Veteran's right shoulder disability, cervical spine disorder, and lumbar spine disorder are all granted as service-connected. The Veteran has a current diagnosis of these conditions.

The Veteran's service-connected disabilities do not prevent him from obtaining or maintaining a substantially gainful occupation.

The Veteran's service-connected disabilities, including major depressive disorder and tension headaches (migraines), have rendered him unable to secure or follow a substantially gainful occupation consistent with his education and work history.

The Veteran's claim for compensation under 38 U.S.C. § 1151 for depression has been denied due to lack of evidence showing the disability was caused by VA care.,The Veteran's claim for service connection for indigestion acid reflux, secondary to headaches, has been denied as there is no evidence linking the condition to a service-connected disability.,The Veteran's claim for service connection for headaches remains pending and requires further examination to determine if they are related to service or due to another service-connected disability.,The Veteran's claim for service connection for an acquired psychiatric disorder, secondary to headaches, has been denied as there is no evidence linking the condition to a service-connected disability.,The Veteran's claims for service connection for lumbosacral strain and cervical strain, both secondary to his right ankle disability, remain pending and require further examination to determine if they are related to service or due to another service-connected disability.,The Veteran's claim for service connection for a left knee disability, secondary to his right ankle disability, remains pending and requires further examination to determine if it is related to service or due to another service-connected disability.

The Board has granted service connection for a cervical spine disability and remanded the cases of left ear hearing loss and TDIU.

The Board has denied service connection for bilateral hearing loss disability and has remanded the issues of service connection for cervical spine, lumbosacral spine, and right hip disabilities.

The Veteran's appeal is remanded due to the need for a new VA examination and retrospective opinion regarding his cervical spine disability. The issue of an increased rating in excess of 10 percent for cervical spine disability with degenerative disc disease remains pending.

The Board has dismissed the Veteran's appeals for increased ratings in excess of 10 percent for cervical spine strain, sleep apnea, residuals of head injury with post traumatic headaches, right shoulder condition, back condition (lumbar degenerative disc disease), left knee degenerative joint disease, and dyspepsia or gastroesophageal reflux disease (GERD).

The Board has decided to remand the case due to inadequate opinions from VA examiners regarding the nature and etiology of the Veteran's neck disability, as well as whether it is related to service-connected left knee or back disabilities. The case will be returned for further examination and opinion.

The Board has granted service connection for a forehead scar but has remanded the Veteran's claims for cervical spine and thoracolumbar spine disabilities due to insufficient evidence.

The Board has remanded the Veteran's claims for initial ratings in excess of 20, 10, and 10 percent for his thoracolumbar spine degenerative arthritis, cervical spine degenerative arthritis, left knee patellar chondromalacia and degenerative joint disease, and right knee patellar chondromalacia and degenerative joint disease due to the need for new examinations.

The Veteran's cervical spine disability is currently rated at 40 percent since July 16, 2020. This rating is granted.

The Board has remanded the claim for total disability rating based on individual unemployability (TDIU) prior to July 15, 2008 due to insufficient evidence in the record regarding whether the Veteran's service-connected disabilities preclude him from securing and following a substantially gainful occupation.