Neck / cervical spine decisions — 2021

The Board has remanded the Veteran's claims for neck, back, right shoulder, and left knee disabilities due to inadequate medical opinions regarding their etiology. The VA is instructed to obtain updated treatment records and provide a supplemental medical opinion addressing the nature and etiology of each disability.

The Veteran's appeal was dismissed as he requested to withdraw his claims for spleen disability and right knee scar.,The claim for service connection for OSA has been reopened due to the submission of new evidence.

The Board has decided to remand the Veteran's claims for additional development due to missing VA treatment records and potential SSA disability benefits records. The Veteran is also required to undergo further medical examinations related to his knee, hip, back, neck, arthritis, foot, diabetes, peripheral neuropathy, erectile dysfunction, eye, lung, and hearing loss conditions.

The Board has remanded the case for further development and adjudication due to issues related to service connection, increased rating, and TDIU.

The Veteran's acquired psychiatric disorder, unspecified reaction to severe stress and depression, is granted as service connected. The Veteran's PTSD claim is denied due to lack of verified in-service stressor. Service connection for a right knee disorder is denied because the preexisting condition did not worsen during service. Service connection for cervical spine and lumbar spine disorders are also denied.

The Board has determined that further development is needed to determine if the Veteran's lower back and cervical spine disabilities are service-connected, as claims for secondary service connection have also been raised.

The Veteran's service connection claim for a cervical spine disorder is granted. The claims of increased ratings for arthrosis post left knee medial meniscus tear, lumbar degenerative disc disease with left sciatica, and left lumbar radiculopathy are remanded. The Veteran's claim of service connection for sleep apnea is also remanded. His claim of an increased rating for anxiety, NOS is remanded as well. Finally, his TDIU claim is remanded.

The Board has determined that the issues of service connection for a psychiatric disability, cervical spine disability, low back disability, and right hip disability must be remanded due to outstanding VA treatment records and need for additional medical opinions.

The Veteran's claim for a higher rating for his service-connected degenerative arthritis of the cervical spine is being remanded due to inadequate VA examinations and the need for additional evidence.

The Board denied the Veteran's claim for service connection for a cervical spine disability, finding that the evidence did not support a link between his active duty service and his current condition.

The Veteran's acquired psychiatric disability, including depression and anxiety, is related to his active service. The claim for degenerative arthritis of the cervical spine is remanded as VA has not provided a VA examination addressing whether the current neck disability is related to the Veteran's active service.

The Veteran's pes planus has been rated based on the severity of his symptoms, with a current rating of 50 percent from May 29, 2018. The right ankle and low back disabilities have not yet been evaluated by VA.,Service connection for a neck disability and bilateral hip disability remains pending as additional medical opinions are needed.

The Veteran's cervical condition, including degenerative disk disease and stenosis, is found to have started during his service in Vietnam. The Board granted service connection for these conditions based on the presumption of service connection due to combat exposure.

The Board has dismissed all claims as the appellant (or her authorized representative) withdrew the appeal prior to a decision being made.

The Veteran's chest pains due to undiagnosed illness are currently rated at 10 percent, which is the maximum schedular rating. The Board finds that a higher rating is not warranted as his symptoms do not meet the criteria for a more severe disability.,The Veteran's low back pain with mild disc bulge L4-5 and cervical spine disabilities have been remanded due to inadequate examination findings regarding range of motion, ankylosis, and intervertebral disc syndrome (IVDS).

The Board has determined that a remand is necessary to obtain additional medical evidence and for the VA examiner to provide more specific opinions regarding the Veteran's neck disability, including whether he currently has left upper extremity radiculopathy.

The Board has remanded both issues: the propriety of reducing the rating from 30 percent to 20 percent for DDD of the cervical spine, effective January 30, 2017, and the entitlement to an increased rating for service-connected DDD of the cervical spine. Both issues are inextricably intertwined.

The Board has granted service connection for the Veteran's degenerative disc disease of the cervical spine, finding that his symptoms began during service and resolving all doubt in his favor.

The Veteran's service-connected disabilities do not result in the physical loss or permanent loss of use of one or both hands or feet, nor ankylosis of either knee. Therefore, he does not qualify for financial assistance in purchasing a vehicle with adaptive equipment.

The Veteran's cervical spine strain and right knee arthritis have been granted a 20 percent disability rating from August 29, 2014 to November 13, 2019. The psychiatric disorder has been granted a 30 percent disability rating for the period from August 29, 2014 to December 15, 2014. The Veteran's testicular cancer residuals have not met the criteria for a higher rating. The scars of the abdomen and inner left thigh have been granted a 20 percent disability rating.