Neck / cervical spine decisions — 2021

The Board denied the Veteran's appeal of discontinuation of VR&E benefits and her request for retroactive induction, finding that it was not reasonably feasible to achieve a vocational goal given her disabilities and employment history.

The Board has denied the Veteran's claims for special monthly compensation due to the need for aid and attendance and/or due to being housebound, finding that his service-connected disabilities do not meet the criteria for such benefits.

The Board has remanded the claim for a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) due to insufficient medical opinions regarding the Veteran's ability to work.

The Veteran's cervical and lumbar spine disabilities, as well as his PTSD, have been granted service connection. The Veteran was also awarded a 70 percent disability rating for PTSD prior to August 30, 2019.

The Veteran's appeal for higher ratings for PTSD and service connection for cervical and lumbar spine disabilities was denied. The Board found that the evidence did not support a higher rating for PTSD prior to March 17, 2021 or thereafter, and denied service connection for both cervical and lumbar spine disabilities.

The Veteran's claims for service connection and increased ratings are being remanded due to the need for additional medical opinions and consideration of new evidence.

The Board has remanded the claims for further development, including affording the Veteran new VA examinations. The Veteran's cervical spine disorder is not related to his active service.

The Board has determined that the Veteran's cervical spine disability, including cervical strain, is related to his time in active service and grants this claim.

The Veteran's cervical spine strain is currently rated at 10 percent, which accurately reflects the severity of his symptoms including pain and limited range of motion. The current rating does not meet the criteria for a higher rating as there are no findings indicating forward flexion greater than 40 degrees or combined range of motion less than 235 degrees.

The Veteran withdrew his appeals for all issues related to the ratings of his service-connected conditions, including degenerative lumbosacral disc disease with sacroiliac joint dysfunction, cervical spine degenerative disc disease, left knee chondromalacia patella, right knee chondromalacia patella, left ankle avulsion fracture, and scalp laceration scar.

The Veteran's claims for service connection for left and right ankle disorders, as well as cervical spine disorder, have been denied. The Board found no current disability associated with the ankles or cervical spine, either by diagnosis or functional impairment. There are also no objective indications of chronic undiagnosed disability associated with these conditions that manifested during service or to a degree of 10 percent or more following service.

The Board has determined that additional development is needed for the cervical spine, lumbar spine, and upper extremity radiculopathy claims due to the need for retrospective medical opinions. The remaining issues are remanded for readjudication.

The Veteran is granted an initial 20 percent rating for his cervical spine disability from December 21, 2007 to February 13, 2009. The lumbar spine disability remains rated at 20 percent prior to February 12, 2020 and at 40 percent thereafter.

The Veteran's service connection for migraine headaches is granted. The rating for pansinusitis prior to August 7, 2019, is increased to 30 percent; however, the rating as of August 7, 2019, remains at 50 percent. The rating for hiatal hernia with GERD prior to August 7, 2019, is denied. The rating for cervical spine disability and right carpal tunnel syndrome with radiculopathy are remanded.

The Board has remanded the claims for service connection and secondary service connection due to lack of medical evidence linking the Veteran's current conditions to his military service or any in-service events.

The Board has remanded the cases for further development and examination due to inadequate previous examinations. The issues of service connection for various conditions are being reviewed.

The Veteran's initial rating for cervical degenerative disc disease and intervertebral disc syndrome was increased to 30 percent effective August 11, 2011. The Veteran's initial rating for lumbosacral and thoracic degenerative disc disease was increased to 40 percent effective August 6, 2009.

The Board has remanded the Veteran's claims for service connection for a cervical spine disability and brain aneurysm, with the latter potentially secondary to PTSD.

The Veteran's cervical strain was rated at 20 percent from July 1, 2011, to October 4, 2019. From October 4, 2019, to February 16, 2021, the rating was increased to 30 percent.

The Veteran's right knee disability is granted service connection, but hypertension and other spine, hip, and ankle disabilities are not. The claims for cervical spine, lumbar spine, hip, and ankle disabilities, as well as the rating of left knee disability in excess of 10 percent, and entitlement to TDIU are remanded.