Neck / cervical spine decisions — 2021

The Board has remanded the Veteran's claims for a disability rating greater than 20 percent for his low back disability, service connection for a cervical spine disability, and TDIU prior to September 7, 2018. The issues are related to the nature and severity of his service-connected conditions.

The Board has denied the Veteran's claims for service connection for a cervical spine condition, left upper extremity radiculopathy, and right upper extremity radiculopathy. The Board found that there is no evidence of a nexus between these conditions and the Veteran's active duty service or his service-connected back disability.

The Board granted a total disability rating based on individual unemployability (TDIU) for the Veteran's cervical spine DDD, which was part of an increased rating request. The attorney is entitled to 20% of past-due benefits awarded in September 2020.

The Board has remanded the Veteran's claims for service connection for cervical and lumbar spine disabilities due to a pre-service motor vehicle accident. The AOJ is instructed to attempt to obtain relevant in-service medical records, including those from the private hospital following the MVA and from the Illinois Neuro-Spine Center. A new VA examination is also required.

The Veteran's claim for an earlier effective date for cervical spine degenerative arthritis is denied as the increase in disability became factually ascertainable on February 9, 2019.,The Veteran's claims for earlier effective dates for left and right lower extremity radiculopathy are denied because these conditions did not arise until after the initial claim period.,The Veteran's claim for an earlier effective date for Dependents' Educational Assistance (DEA) is granted as of November 13, 2018.

The Board denied service connection for back and cervical spine disorders, finding that the Veteran's current conditions are not related to his military service or a service-connected condition.

The Board has determined that further development is needed for the Veteran's claims related to his right ankle, hip, cervical spine, migraine, and knee disabilities. The VA examinations are deemed inadequate due to lack of proper range of motion testing and failure to address flare-ups.

The Veteran's claims for service connection for bilateral hearing loss, cervical spine disability, and lumbar spine disability have been denied due to lack of new and material evidence.,The Veteran's claim for service connection for asthma has been denied as there is no evidence showing the condition started during his service or is related to his service.,The Veteran's claims for service connection for prostate cancer and penile condition due to herbicide exposure have been remanded for further development.,The Veteran's claim for service connection of PTSD remains pending, with a need for new and material evidence. The claim for an acquired psychiatric disorder other than PTSD also has been remanded.

The Board has remanded the Veteran's claims for neck disability, bilateral upper extremity radiculopathy, and back disability due to inadequate examinations and lack of clear opinions regarding service connection.

The Board has decided to remand the Veteran's claims for service connection due to insufficient medical opinions provided by VA. The case will be returned for further development and examination.

The Board has determined that the Veteran's degenerative arthritis of the cervical spine and upper back disability are not due to his active-duty service. The claims have been denied.

The Veteran's claims for service connection for diabetes, peripheral neuropathy of the lower extremities, and other disabilities are denied as there is no evidence of a nexus between these conditions and his military service.,Service connection was not granted for any of the claimed disabilities due to lack of medical evidence showing a relationship with service.

The Veteran's claims for service connection for various wrist, ankle, knee, and elbow disabilities are denied as there is no evidence of a diagnosed condition or link to service. The claim for memory loss is also denied.

The Veteran's claim for a higher rating for cervical spine degenerative disc disease is remanded due to the need for further examination and additional medical records.

The Veteran's claim for service connection for a hip disability is dismissed as the benefit was granted in a January 2020 rating decision.,Claims for earlier effective dates for increased ratings of 20 percent for back and bilateral lower extremity disabilities are denied. The Veteran did not have these conditions prior to February 10, 2015.,Service connection is denied for neck disability as there is no evidence it was incurred or caused by service-connected conditions.,Increased ratings in excess of 20 percent for back and lower extremity radiculopathy disabilities are remanded. The Veteran's current effective date is February 10, 2015.,Service connection is denied for sleep apnea and asthma as there is no evidence they were incurred or caused by service-connected conditions.,Increased ratings in excess of 20 percent for right knee disability and total disability rating based on individual unemployability are remanded.

The appeal regarding the low back disability is dismissed. Service connection for cervical spine and upper extremity disabilities is granted.

The Board has remanded the case due to inadequate medical opinions and further development is required.

The Board has remanded the case due to an inadequate medical opinion and a duty to assist error.

The Veteran's claim for a higher rating for his service-connected cervical strain with spondylosis is being remanded due to the need for additional medical examinations and clarification of the extent of his functional loss during flare-ups and on repeated use.

The Board has found that the Veteran's neck disability is not secondary to service-connected foot disabilities and is not otherwise related to an in-service injury. The low back disability claim is remanded for further review.