Neck / cervical spine decisions — 2021

The Board has decided to remand the case due to inadequate examination opinions and additional development is required before service connection can be adjudicated on the merits.

The Board has remanded the Veteran's claims for neck and low back disabilities due to inadequate VA opinions regarding their etiology.

The Board has remanded the Veteran's claims for heart disability, cervical spine disability, right and left upper extremity neurological disabilities, bilateral shoulder and hand disabilities, and bilateral hip disability due to inextricably intertwined issues. The VA must obtain addendum opinions from the February 2021 VA examiner regarding the Veteran's service connection claim for a heart disability and a medical opinion on whether his current hip disability is secondary to his service-connected thoracolumbar spine condition.

The Veteran's initial ratings for cervical and lumbar spine disabilities have been granted, with the cervical spine disability receiving a 30% rating from September 16, 2010 to July 5, 2021. The lumbar spine disability received a 40% rating from September 16, 2010 to June 25, 2013 and then a 30% rating beginning July 5, 2021.

The Board has remanded the claims for lumbar and cervical spine disabilities, as well as bilateral hand tremors due to service connection issues. Additional VA medical opinions are needed to determine the nature and etiology of these conditions.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's cervical spine disability is related to service, including a motor vehicle accident during active duty. The case must be further evaluated with new medical opinions.

The Board has remanded the claims for lumbar and cervical disabilities due to incomplete records. The Veteran is required to provide authorization for private treatment records from Dr. W.W.

The Board has remanded the claims for service connection due to a failure to cooperate in scheduling VA examinations. The appellant and his representative provided reasons related to the ongoing COVID-19 pandemic, which led to the decision to remand.

The Board has remanded the claims for further development due to insufficient medical opinions regarding the etiology of various conditions, including low back disability, right inguinal hernia repair, GERD, diabetes mellitus, CAD, neck disability, hypertension, hemorrhoids, renal failure, and colitis.

The Veteran's skin cancer and neurofibroma are granted service connection due to presumed exposure to herbicide agents in Vietnam. The Veteran is also granted a TDIU solely due to his service-connected PTSD.

The Board denied an increased rating for the cervical spine disability and restored a previous 20 percent rating, finding that there was no material improvement in the condition under ordinary conditions of life and work. The Board also found that the criteria for an increased rating were not met.

The Board has remanded the claims for cervical spine, lumbar spine, left lower extremity neuropathy, left upper extremity neuropathy, and neck scar disabilities due to a predecisional duty to assist error. The Veteran's service records show in-service treatment for these conditions.

The Veteran's service connection claims for left ear hearing loss, fatigue secondary to OSA, and several other conditions have been denied. The Veteran does not meet the criteria for a current disability in some of these cases.,Service connection for right elbow condition, left elbow condition, left hip condition (secondary to trochanteric bursitis), and left knee condition (secondary to patellofemoral syndrome) has also been denied.

The Veteran's appeal for an earlier effective date for service connection of right knee patellofemoral pain syndrome is dismissed. The Board has also remanded the issues of service connection for low back disability, cervical spine disability, and headaches.

The Veteran's cervical spine disability is rated at 20 percent, but the Board finds no evidence of ankylosis or more than 15 degrees of forward flexion. The Veteran's radiculopathy and osteoarthritis are also rated at their maximum levels.,The Veteran's right upper extremity radiculopathy is rated at its maximum level.

The Board has found that the Veteran must be afforded VA examinations to determine the etiology of his claimed low back, cervical spine, right knee, left knee, right ankle, left ankle, right foot, and left foot disabilities. The appeal is remanded for these purposes.

The Veteran's claim for an effective date prior to March 29, 2013, for the grant of service connection of migraine headaches has been denied. The Veteran is currently rated at 50 percent for her migraines.,The Veteran's claim for a higher rating for her service-connected migraine headaches remains denied as there are no additional symptoms or residuals that would warrant a higher rating under the applicable criteria.,The Veteran's claim for service connection of viral meningitis has been denied due to lack of evidence of a present disability and insufficient evidence linking any in-service incident to current symptoms.,The Veteran's claim for service connection of her left hand disability (claimed as a pinched nerve) remains pending, with the issue remanded.,The Veteran's claim for service connection of bilateral plantar fasciitis has been granted.,The Veteran's claim for service connection of an acquired psychiatric disability (PTSD) is remanded.,The Veteran's claims for left shoulder and cervical spine disabilities are both pending, with the issues remanded.,The Veteran's claim for service connection of her left elbow injury (claimed as a pinched nerve) remains pending, with the issue remanded.,The Veteran's claim for service connection of peripheral enthesopathy (claimed as shin pain) is pending and has been remanded.,The Veteran's claim for service connection of polyuria is pending and has been remanded.,The Veteran's claims for service connection of her lumbar spine disability, skin condition (claimed as tinea pedis and toenail fungus), and skin condition (claimed as acne) are all pending and have been remanded.

The Board has granted service connection for bilateral hearing loss and cervical spine disability, finding that the evidence is at least evenly balanced as to whether these conditions are related to in-service noise exposure and military service, respectively.

The Veteran withdrew his appeals on all issues related to service connection and increased ratings, including for allergic rhinitis, shin splints, an eye disability, a cervical spine disability, and TDIU. The Board dismissed these cases as the appeal was withdrawn.

The Board has remanded the claims for service connection for cervical strain, left shoulder strain, and right shoulder strain due to failure to obtain a medical opinion from a medical doctor as requested in previous remands. The TDIU claim is also remanded as it is inextricably intertwined with these issues.