Neck / cervical spine decisions — 2021

The Veteran's lumbar spine disability was rated as 10 percent prior to January 9, 2020 and as 20 percent from November 9, 2020 onwards. The cervical spine disability was rated as 10 percent prior to January 9, 2020. Tension headaches were not assigned a compensable rating.,The Veteran's lumbar spine disability is currently rated at 40 percent since November 9, 2020.

The Veteran's initial rating for residuals of a gunshot wound to the right ankle is denied, and he is granted an initial 20 percent rating from November 15, 2006 to January 3, 2021. The Veteran's entitlements for DDD of the lumbar spine and cervical spine are remanded.

The Veteran's acquired psychiatric disorder, other than an anxiety disorder, is found to be related to service. The low back disability and left ankle disability are remanded for further examination and opinion. The cervical spine disability claim is also remanded.

The Board has vacated the February 2018 decision on several service connection claims due to a misinterpretation of the line of duty determination. The claims are now remanded for further development, including obtaining missing service treatment records and scheduling VA examinations.

The Veteran's appeals for increased ratings on several service-connected conditions have been dismissed as he has withdrawn his appeal.

The Veteran's combined service-connected disabilities have rendered him unable to secure and follow a substantially gainful occupation, but the appeal is denied as there is no single disability rated at 100% that independently precludes employment.

The Board has remanded the Veteran's claims for compensation pursuant to 38 U.S.C. § 1151 due to inadequate medical opinions and the need for additional VA examinations.

The case is being remanded due to the addition of relevant evidence and outstanding VA records that need to be reviewed. The Veteran's claims for increased ratings and earlier effective dates are also being remanded.

The Board has remanded the case due to insufficient information regarding the Veteran's functional loss during flare-ups and repetitive use of her cervical spine disability. The case is returned for further development.

The Veteran's tinnitus was granted service connection. The Board found the neck disability and bilateral upper extremity radiculopathy/neuropathy issues were remanded for further examination and evidence collection.

The Board has determined that the VA opinions are inadequate and requires additional medical opinions to determine if the Veteran's hearing loss, thoracic spine disability, cervical spine condition, and peripheral neuropathy of the lower extremities are related to his active duty service.

The Veteran's service-connected PTSD, fibromyalgia, degenerative joint disease of the lumbar spine, and arthritis of the cervical spine require regular aid and attendance due to his cognitive limitations and physical disabilities. The Board has granted special monthly compensation based on aid and attendance from October 17, 2012 to January 30, 2020.

The Board has remanded the claims for service connection for thoracolumbar and cervical spine disabilities due to inadequate VA examination and missing relevant records.

The Veteran's claim for an increased rating for cervical strain is being remanded due to deficiencies in the prior VA examinations. A new examination and opinion are needed to address functional loss during flare-ups.

The Veteran's service-connected disabilities do not render him unemployable, as he is currently employed and has been for several years.

The Veteran's appeals regarding cervical spine disability, bilateral ankle disabilities, and bilateral shoulder disabilities have been remanded for further development.,No effective date or rating is assigned in this decision.

The Veteran's service-connected disabilities prevented him from obtaining and maintaining substantially gainful employment consistent with his educational background and work history since at least February 12, 2013.

The Veteran's service-connected disabilities did not render him unable to secure and follow a substantially gainful occupation prior to May 20, 2018. The Board denied the claim for TDIU as there was no evidence showing he was unemployable due to his service-connected conditions.

The Board has determined that the VA examinations and opinions are inadequate for determining service connection for sleep apnea, cervical spine disability, and headaches. The claims are therefore remanded to obtain new opinions from appropriate VA examiners.

The Veteran's cervical spine disability is granted service connection. The lumbar spine disability receives a 20 percent rating, but no higher. Right and left lower extremity radiculopathy each receive a 10 percent rating. The right middle finger fracture receives a 10 percent rating.