Neck / cervical spine decisions — 2021

The Veteran's claims for a rating in excess of 20 percent for cervical degenerative disc disease and TDIU are being remanded due to the need for additional examinations and evaluations.

The Board has remanded the issues of service connection for multiple joint arthritis, cervical spine disability, lumbar spine disability, bilateral shoulder and knee disabilities, bilateral ankle and foot disabilities, cardiac disability (including heart palpitations), and diabetes mellitus due to insufficient evidence.,Further examination is needed to determine if the Veteran currently has these conditions.

The Veteran's claims for TDIU and SMC were previously remanded by the Board, but have been returned to the Board due to a Court Joint Motion for Remand (JMR).,For the period prior to July 21, 2009, the Veteran was not found unemployable based on his service-connected disabilities.

The Veteran's cervical spine disability is rated at 10 percent, effective January 2, 2018. The claim for an increased rating in excess of 10 percent remains denied.,Right upper extremity radiculopathy associated with cervical spine disability was not granted a separate rating as the evidence did not support such a finding.,The Veteran's chronic strain of the thoracic and lumbosacral spine with degenerative arthritis and deformity of coccyx is rated at 20 percent, effective January 24, 2017 to December 10, 2019. The claim for an increased rating in excess of 20 percent remains denied.,The Veteran's low back disability was rated at 20 percent from December 11, 2019 onwards. The claim for an increased rating in excess of 20 percent remains denied.,Right lower extremity radiculopathy associated with chronic strain of the thoracic and lumbosacral spine was not granted a separate rating as the evidence did not support such a finding.

The Veteran's service connection claims for degenerative disc disease cervical spine, degenerative disc disease thoracolumbar spine, sciatica (right and left lower extremities), and herniated cervical disc have all been granted. The conditions are found to be related to service.

The Veteran's claims for service connection and compensation under 38 U.S.C. § 1151 have been dismissed due to the failure to timely file a Notice of Disagreement.,New evidence has not been received to reopen the Veteran's claims.

The Veteran's claims for increased disability ratings and special monthly compensation are being remanded due to the need for additional examinations related to his service-connected radiculopathies of the upper and lower extremities.

The Board has remanded the Veteran's claims for service connection due to insufficient opinions regarding his claimed disabilities and their relationship to active duty, including exposure to G-forces as a pilot.

The Board has remanded the Veteran's claims for service connection and increased ratings due to inadequate VA examination reports. The claims are being returned for further development.

The Veteran's cervical spine disability is rated at 20 percent, and his left upper extremity radiculopathy is also rated at 20 percent. The right upper extremity radiculopathy is rated at 10 percent. His lumbosacral strain with degenerative changes remains at 20 percent, and he does not have a compensable rating for erectile dysfunction.

The Board has denied service connection for left shoulder, right shoulder, cervical spine, and thoracic spine disabilities due to a lack of evidence showing these conditions were incurred or aggravated by active duty.

The Board has decided to remand the Veteran's claims for service connection due to incomplete documentation and authorization requests. The Veteran is required to provide authorization for treatment records from Dr. CEMQ.

The Veteran's claim for service connection for a cervical spine disability, to include as secondary to his service-connected lumbar myositis, L5-S1 bulging disc, has been reopened. The appeal is granted to this extent only and the case is remanded for additional development.

The Board has decided to remand the case due to insufficient medical opinions regarding whether the Veteran's cervical spine disability was aggravated by service. The case will be returned for further development and consideration.

The Veteran's cervical spine disability is rated at 20 percent, which is the maximum rating available under the applicable diagnostic code. The Board finds that a higher rating is not warranted as her range of motion does not meet the criteria for an increased rating.,Both upper extremity radiculopathy disabilities are rated at 20 percent each, which is the maximum rating available under the applicable diagnostic codes. The Board finds that a higher rating is not warranted as there is no evidence of more severe impairment in either arm.

The Board has remanded the cases of service connection for a neck disability and left hand tremors due to inadequate medical opinions in previous decisions.

The Board has denied the Veteran's claim for service connection for a cervical spine disorder, including arthritis and degenerative disc disease. The Board found that there is no evidence of chronic neck problems in service or within one year after separation from service, and concluded that the current cervical spine condition did not originate during military service.

The Veteran's service-connected disabilities have rendered her unable to secure and follow a substantially gainful occupation, warranting a TDIU effective November 2, 2017.

The Board denied service connection for right knee degenerative joint disease and cervical spine strain, finding that the Veteran's conditions did not meet the criteria for service connection.

The Board has remanded the cases for additional development, including obtaining VA and private treatment records and providing a VA examination to address the Veteran's claims for neck disability and bilateral foot disability.