Neck / cervical spine decisions — 2021

The Veteran's claims for service connection are remanded due to the need for additional development, including obtaining inpatient treatment records from his active duty and post-service VA treatment records.

The Board denied service connection for right shoulder, left shoulder, and neck disabilities due to a lack of evidence linking these conditions to the Veteran's active duty service.

The Veteran's initial compensable rating for hernia prior to December 14, 2020 is granted at a 10 percent level. The appeal for a higher rating after that date is denied. Service connection for the cervical spine disability secondary to left shoulder disability is also denied.

The Board has granted service connection for ocular migraines. The remaining issues of right leg, left leg, cervical spine (neck pain), and right shoulder conditions are remanded for further development.

The Veteran's speech disability is remanded due to its potential connection to a stroke. The ratings for her shoulder disabilities, radiculopathy, and hernia are also remanded as the evidence suggests worsening symptoms. Her TDIU claim is remanded as it involves employment issues.

The Veteran's tension headaches have not been productive of characteristic prostrating attacks averaging one in two months over the last several months.,For the period prior to August 7, 2020, the Veteran's cervical spine disability was not productive of incapacitating episodes due to intervertebral disc syndrome (IVDS), ankylosis, forward flexion limited to 30 degrees or less, combined range of motion limited to 170 degrees or less, muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour, or the functional equivalent thereof.,From August 7, 2020, the Veteran's cervical spine disability has not been productive of forward flexion limited to 15 degrees or less, ankylosis, incapacitating episodes as defined by VA regulation, or the functional equivalent thereof.

The Board denied the Veteran's claim for service connection for a cervical spine disability, finding that there was no evidence to support a direct link between his in-service accident and his current condition. The Board also found insufficient medical opinion supporting a secondary service connection based on his other service-connected conditions.

The Veteran's appeal for a higher rating for his cervical spine disability is denied as the evidence does not show unfavorable ankylosis of the entire cervical spine.,The Veteran's appeal for a higher rating for his radiculopathy of the left lower extremity is denied as the evidence does not show unfavorable ankylosis of the entire cervical or thoracolumbar spine.

The Board has remanded the case due to insufficient examination opinions regarding the Veteran's cervical spine disability and its relationship to his service-connected lumbar spine disability, as well as the Veteran's in-service diagnosis of cervical thoracic scoliosis.

The Veteran's service-connected disabilities alone do not render him unemployable, as he retired due to non-service-connected conditions and his physical limitations are not severe enough to prevent substantially gainful employment.

The Board has determined that there has not been substantial compliance with previous remand directives regarding the Veteran's right leg and knee disabilities, as well as his cervical spondylosis. The case is being returned to the RO for further development.

The Veteran's appeals for an earlier effective date for his service-connected psychiatric disability and for service connection for cervical spine degenerative joint disease have been dismissed.

The Board denied the Veteran's claim for service connection for a cervical spine disability, finding that his current condition is not related to his active service or any service-connected disabilities.

The Board has determined that more development is needed to determine if the Veteran currently has a cervical spine disability and whether it is related to his service. The case is being remanded for further examination.

The Board denied the Veteran's claims for service connection for respiratory condition, migraine headaches, and osteoarthritis of cervical spine.,There is no evidence to support a nexus between the Veteran's current conditions and his military service.

The Board denied the Veteran's claim for service connection for cervical spondylosis, finding that it did not originate in service or manifest to a compensable degree within one year of discharge. The Board also found no evidence linking the condition to his service-connected lumbar spine spondylolisthesis.

The Board has remanded several issues related to the Veteran's claims, including those for service connection and compensation under 38 U.S.C. § 1151. The main focus is on determining whether his disabilities are related to his active service or other relevant factors.

The Board has granted reopening of the Veteran's claims for service connection for residuals of a back injury and neck injury. However, the claims for secondary service connection for degenerative disc disease of the lumbar spine and disability manifested by left hand numbness are remanded due to insufficient medical opinions.

The Veteran's migraine headaches, right shoulder disability, cervical spine disability, and lumbosacral spine disability are not related to service.,The Veteran does not have a current diagnosis of numbness and tingling of the left upper extremity or radiculopathy of the bilateral lower extremities that could be attributed to active service.

The Veteran's cervical spine condition, diagnosed as cervical spine degenerative disc disease, is granted service connection. The Veteran's initial compensable rating for bilateral hearing loss prior to September 8, 2020, and a rating in excess of 80 percent for BHL from that date are both denied.