Neck / cervical spine decisions — 2021

The Board has granted service connection for the Veteran's disabilities of the cervical and thoracolumbar spine, finding that the evidence is at least in equipoise as to whether these conditions were incurred during service.

The Veteran's claims for increased ratings and effective date issues related to his service-connected herniated disc, lumbar spine are being remanded due to the need for additional development of his medical records.,The Veteran's claim for an earlier effective date for his increased rating of 40 percent for service-connected herniated disc, lumbar spine is also being remanded as it is inextricably intertwined with the issue of a higher rating.,The Veteran's claims for increased ratings and initial ratings related to his degenerative disc disease, cervical spine are being remanded due to the need for additional development of his medical records.,The Veteran's claim for an increased rating for radiculopathy, middle radicular group, left upper extremity is being remanded as it requires additional development of his medical records.,The Veteran's claim for an increased rating for radiculopathy, sciatic nerve, left lower extremity is also being remanded due to the need for additional development of his medical records.

The Veteran's initial rating for bulging annulus fibrosus at C5-C6 and C6-C7 of the cervical spine was granted at a 10% level prior to July 2, 2007. From July 2, 2007 to July 17, 2007, he received a rating of 20%. For left shoulder impingement syndrome and degenerative arthritis, an initial evaluation of 20% was granted prior to May 23, 2016.

The Board has determined that an effective date prior to July 28, 2010 for the grant of service connection for residuals of left tibia stress fracture is denied. The Veteran's claim was not received as a formal or informal claim before this date.

The Board has decided to remand the case due to the need for another medical opinion regarding the cause and aggravation of the Veteran's cervical spine condition by his service-connected lumbar degenerative disc disease and degenerative arthritis.

The Veteran's claims for service connection are being remanded due to the need for further development and clarification of evidence.,Specifically, additional medical opinions are required regarding the etiology of various conditions including cervical spine degenerative disc disease, lumbar spinal degenerative disc disease, right shoulder disorder, right hip disorder, right ankle disorder, left ankle disorder, fibromyalgia (Gulf War Illness), chronic fatigue syndrome (CFS) (Gulf War Illness), irritable bowel syndrome (IBS) (Gulf War Illness), and migraine headaches.

The Veteran's gastroesophageal reflux disease (GERD) is granted service connection. The Board finds that the evidence is in equipoise regarding whether the cervical spine disability is related to service, and thus grants service connection for this condition as well.

The Board has remanded the issues of service connection for cervical spine, left hip, thoracolumbar spine, and right lower extremity nerve disabilities due to secondary service connection. The Veteran's claims are not supported by evidence showing a direct link between her current conditions and active duty.

The Veteran withdrew his appeals regarding various service connection claims, including for bilateral hearing loss, left arm condition, lumbar strain, left knee condition, left ankle condition, plantar fasciitis, anxiety condition, migraine headaches, jaw condition, lung condition, bronchitis, pneumonia, cervical strain, right shoulder condition, left shoulder condition, right arm condition, right wrist condition, left wrist condition, kidney stones, right hip condition, left hip condition, and right ankle condition. The appeals were dismissed due to the Veteran's withdrawal of his claims.

The Veteran's skin condition, lumbar spine strain, cervical spine DDD, and PTSD with insomnia are all granted. The Veteran is assigned a 50 percent rating for PTSD with insomnia.

The Board denied the appellant's request for an effective date earlier than December 12, 2017, for awards of service connection for cervical spine degenerative arthritis and bilateral upper and lower extremity radiculopathy.

The Board has denied the Veteran's claims for service connection for bilateral hearing loss, right knee disability, cervical spine disability, hemorrhoids, and chronic fatigue syndrome (due to Gulf War service). The decision also notes that the Veteran's claim for sinusitis is remanded.

The Veteran's claims for service connection for lumbar and cervical spine disorders have been remanded due to the submission of new evidence. The Board will conduct further examinations to determine if these conditions are related to his military service.

The Board has denied the Veteran's claims for service connection for cervical spine, right shoulder, and left shoulder disabilities due to a lack of evidence showing these conditions were incurred during or aggravated by military service.

The Board has remanded the Veteran's claims for further development due to new evidence and inadequate medical opinions. The issues include TDIU, increased rating for cervical spine disability, service connection for right arm condition, left hand disability, and right hand disability.

A 70% rating for PTSD is granted from August 27, 2014 through November 6, 2015.,Prior to November 5, 2015, a 20% rating for cervical strain is denied. An effective date of January 26, 2012, but no earlier, is granted for the grant of a 20% rating for left shoulder sprain.

The Veteran's lumbar spine strain with degenerative disk disease is now rated at a 60% rating since December 10, 2016. He also has service connection for neck disability, right foot disability, and left foot disability.

Entitlement to a higher rating for PTSD with associated depression and anxiety is denied. The Veteran's symptoms are more closely approximated by a 50 percent disability rating.,Entitlement to TDIU is denied as the evidence does not show that the Veteran's service-connected disabilities render her unable to secure or follow a substantially gainful occupation.

The Board has decided to remand the case due to inadequate VA examinations and requests for additional medical records. The Veteran's claims include service connection for a chronic multi-symptom disability, including pain and numbness affecting his upper and lower extremities and cervical and lumbar spine.

The Board has remanded the case due to a need for an additional retrospective medical opinion regarding the Veteran's neck disability, specifically addressing any possible additional loss of range of motion during flare-ups. The claim is being returned for further development.