Neck / cervical spine decisions — 2021

The Board has granted service connection for cervical spine degenerative disc disease, status post fusion and bilateral upper extremity radiculopathy (claimed as bilateral hand numbness) as secondary to service-connected cervical degenerative disc disease.

Service connection is granted for tinnitus, right ankle arthritis, left ankle arthritis, and cervical spine arthritis.,Service connection is denied for tendonitis of the left elbow (also claimed as arthritis) and acromioclavicular arthrosis with impingement and rotator cuff tear of the left shoulder.

The Board has remanded the Veteran's claim for service connection for a cervical/lumbar spine disability, to include as secondary to a left shoulder disability due to inadequate medical opinions and failure to comply with prior remand directives.

The Veteran's claim to reopen a previously denied cervical spine disability was granted. The claims for gastrointestinal and psychiatric disabilities, as well as anemia, are remanded.

The Board has decided to remand the Veteran's claims for service connection for back and neck disabilities due to incomplete evidence. The VA will obtain additional medical records from private providers and provide a new VA examination.

The Veteran's PTSD symptoms prior to March 6, 2020 resulted in reduced reliability and productivity. As of March 6, 2020, the Veteran's PTSD symptoms caused deficiencies in most areas but not total social impairment. The Board finds that a higher 50 percent rating is granted for PTSD prior to March 6, 2020, and a higher 70 percent rating is granted as of March 6, 2020.

The Veteran's service-connected lumbar fibromyositis with IVDS is granted a 60 percent rating effective November 13, 2015. The remaining claims of entitlement to service connection for bilateral hearing loss, tinnitus, benign paroxysmal positional vertigo, and cervical spine disability are remanded.

The Veteran's TDIU claim is denied prior to January 1, 2008. The cervical spine and radiculopathy claims are remanded for additional examinations.

The Board has granted service connection for a lumbar spine disability, cervical spine disability, bilateral lower extremity radiculopathy, and an acquired psychiatric condition (unspecified depressive disorder) as secondary to the Veteran's service-connected lumbar and cervical disabilities. The decision is based on evidence showing continuity of symptomatology since service.

The Board denied the Veteran's earlier effective date claims for TDIU and DEA, finding that his service-connected disabilities did not meet the schedular criteria for a TDIU or DEA at any time prior to February 1, 2013.

The Board has denied service connection for a broken bottom tooth, right side of mouth due to lack of evidence of a current disability. The claims for digestive and respiratory disabilities are remanded as the Veteran's lay statements suggest possible presumptive service connection under the Persian Gulf War presumption. Right shoulder, back, neck, and herniated sphincter of diaphragm disabilities are also remanded.

The Board has remanded the case due to inadequate examinations and a need for an addendum opinion regarding the etiology of the Veteran's spina bifida, scoliosis, and degenerative arthritis.

The Board has decided to remand the claims for cervical and thoracic spine conditions due to insufficient medical opinion regarding the etiology of these conditions. The Veteran's in-service fall is considered, but other potential causes are also discussed.

The Board has vacated its April 9, 2021 decision and remanded the issues of entitlement to initial disability ratings higher than 20 percent for back and neck disabilities as well as entitlement to a TDIU.

The Board denied the Veteran's claims for service connection for gastrointestinal, muscle tear, arthritis of all joints, and bilateral cataracts disabilities. The decision found no current diagnoses or evidence linking these conditions to service, including exposure to radiation and herbicide agents.

The Veteran's service-connected disabilities, including adjustment disorder and multiple musculoskeletal conditions, are found to be so severe that they render him unable to secure or follow substantially gainful employment.

The Veteran's claim for an increased initial disability rating of 20 percent for cervical spine disability is remanded due to the need for a VA examination to address radicular symptoms and neurological abnormalities associated with the Veteran's cervical spine disability.

The Veteran's claims for a higher initial rating for cervical spine disability and TDIU are being remanded to obtain additional medical opinions regarding the severity of his condition, as well as to consider different rating criteria.

The Board has determined that the VA medical opinions are inadequate and remands are required for further development, including obtaining additional treatment records and providing a thorough examination to address the Veteran's claims.

The Board has remanded the cases for additional development due to inadequate VA opinions and failure to substantially comply with prior remand instructions.