Neck / cervical spine decisions — 2021

The Veteran's claims for increased ratings were denied. The rating for cervical strain was denied prior to January 18, 2021 and since that date. The rating for degenerative disc disease of the lumbosacral spine was denied prior to January 18, 2021.

The Board dismissed the Veteran's service connection claims for bilateral elbow, shoulder, wrist, hip, and ankle disabilities.,The Board also dismissed the Veteran's appeal for a rating in excess of 10 percent for right knee patellofemoral pain syndrome and left knee patellofemoral pain syndrome.

The Veteran withdrew from appeal the issues of service connection for folliculitis, cervical spine disability, left upper extremity radiculopathy, right upper extremity radiculopathy, bronchitis, and sinusitis.

The Board has granted service connection for an acquired psychiatric disorder, migraine headaches, and denied service connection for back, neck, right knee, and left knee disabilities. The case is remanded to obtain a VA examination for hypertension.

The Veteran's service-connected degenerative arthritis of the cervical spine is currently rated at 20 percent from June 22, 2009 to May 23, 2021. The evidence does not support a higher rating during this period.

The Board dismissed the Veteran's appeals for increased disability ratings and service connection claims due to a withdrawal of appeal by his authorized representative.

The Veteran requested to withdraw his appeal on the issue of a compensable rating for infectious skin condition.,The Veteran's major depressive disorder, generalized anxiety disorder, and alcohol use disorder have resulted in occupational and social impairment with deficiencies in most areas since June 1, 2016. The Veteran is granted a 70 percent rating for this period.,The Veteran is granted TDIU effective March 13, 2020.,There are issues regarding service connection for cervical spine disability and right upper extremity radiculopathy. These issues have been remanded for further review.,Service connection may be established if the condition onset in or is causally related to service.

The Veteran's intervertebral disc syndrome with degenerative joint disease of the lumbar spine is currently rated at 40 percent effective August 2, 2017. The Veteran does not meet the criteria for a higher rating prior to this date.,The Veteran's degenerative arthritis of the cervical spine is currently rated at 30 percent effective March 18, 2019. The Veteran does not meet the criteria for a higher rating prior to this date.

The Board has remanded the Veteran's claims for service connection for lumbar spine, cervical spine, and bilateral knee disabilities due to inadequate medical opinions in the June 2021 VA examination.

The Veteran's claims for increased ratings for his service-connected neck disability, low back disability, and radiculopathy of the right lower extremity were denied. The Board found that the Veteran did not meet the criteria for a higher rating under the applicable VA rating criteria.

The Board denied service connection for cervical and lumbar spine disorders, finding that the current conditions are not related to service.

The Board denied service connection for cervical spine disability, headaches, right hip disability, left hip disability, and erectile dysfunction as these conditions are not related to service or service-connected disabilities.,The VA examiner found that the Veteran's current cervical spine, headache, right hip, left hip, and erectile dysfunction disabilities are less likely than not caused by or aggravated by his service-connected residuals of compression fracture, T10 and L2.

The Board has granted service connection for the Veteran's cervical spine condition and bilateral AC joint degenerative joint disease, finding that these conditions are related to his active duty service.

The Board has remanded the Veteran's claims for service connection for lumbar and cervical spine disabilities due to errors in decision-making and incomplete evidence. The AOJ is instructed to obtain any missing treatment records from Dr. G.K.A., provide new VA examinations, and consider lay statements regarding the onset of symptoms.

The Veteran's service-connected lumbar spine disability, right lower extremity radiculopathy, skin disability, cervical spine disability, and right upper extremity radiculopathy have been rated as per the criteria. The effective date for the award of a TDIU has been granted earlier than April 17, 2020, and an earlier effective date for the establishment of basic eligibility for education benefits under Chapter 35 (DEA) has also been granted.

The Veteran's service-connected cervical spine injury and lumbar spine DJD are being remanded for further evaluation due to the possibility of increased disability since his last VA examination in June 2017.

The Veteran's appeals for increased ratings and service connection have been dismissed due to his withdrawal of the appeal.

The Board has determined that additional development is necessary to determine the nature and etiology of the Veteran's lumbar spine disorder and cervical spine disorder, as well as whether these conditions are related to his military service.

The Veteran's appeal is remanded for additional development to determine the current severity of his left knee disability and to resolve conflicting medical evidence regarding service connection claims.

The Board has remanded the case for a new VA examination to assess the current severity of the Veteran's rheumatoid arthritis of the cervical spine, bilateral shoulders, and bilateral wrists. The examiner is asked to provide detailed information about range of motion tests and any additional functional loss due to pain during flare-ups or with repeated use over time.