Neck / cervical spine decisions — 2021

The Veteran's neck disability is currently rated as 10 percent disabling, and the Board has determined that a higher rating is not warranted. The issue of entitlement to TDIU is also remanded due to its interdependence with the increased PTSD rating claim.,PTSD remains at 70 percent, which is the maximum available rating under VA regulations. The Veteran's PTSD was recently witnessed by another veteran committing suicide in September 2014, and a supplemental medical opinion should be obtained to consider this event.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional examinations to assess the current severity of his service-connected PTSD, cervical spine disability, and other conditions. The issues will be reconsidered after these examinations.

The Board has remanded the claims for increased evaluations for right upper extremity radiculopathy, left upper extremity radiculopathy, and cervical spine disability. A new VA examination is required to assess current severity of these conditions.

The Board has remanded the Veteran's claims for service connection due to inadequate medical opinions in the February 2020 VA examination. The case is being returned for new addendum opinions addressing the nature and etiology of the Veteran's right shoulder, stomach, cervical spine, and lumbar spine disabilities.

The Veteran's service-connected cervical spine disability is rated at 30 percent from May 31, 2018. He also received a grant of service connection for left upper extremity radiculopathy with an effective date of February 25, 2019, and a scar, status post cervical fusion with an effective date of December 28, 2016.

The Veteran's thoracolumbar arthritis is granted an initial increased rating of 20 percent, but no higher. The Veteran's cervical strain with degenerative arthritis prior to September 25, 2020 and from September 25, 2020 are both granted increased ratings of 10 percent and 30 percent respectively. There is no increase in rating for right sciatic radicular pain.

The Veteran's lumbosacral strain with degenerative changes and bilateral sciatic nerve condition are granted service connection. The hernia condition and cervical strain issues remain pending for further development.

The Veteran's appeal for a higher rating for his chronic lumbar strain and TDIU was denied. The Board found that the evidence did not support an evaluation in excess of 20 percent for the lumbar strain, as it did not meet the criteria for such a rating based on limitation of motion or other factors. For the TDIU claim, the Veteran's combined disability rating had already reached 100% due to his service-connected disabilities, including cervical radiculopathy and left knee instability, which precluded him from securing and following substantially gainful employment.

The Board has granted service connection for sleep apnea as secondary to the Veteran's service-connected degenerative disc disease of the cervical spine.

The Board has remanded the case due to inadequate opinions regarding secondary service connection for a neck disability and because it is inextricably intertwined with the temporary total evaluation claim. The case will be returned for further development.

The Veteran's claim for a higher rating for headaches prior to November 21, 2020 was denied as the evidence did not indicate very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability.,The Veteran's claim for a higher rating for cervical spine disability prior to November 21, 2020 was denied as the evidence did not indicate incapacitating episodes or forward flexion less than 15 degrees.

The Veteran's claim of service connection for a neck condition is being remanded due to the need for an addendum medical opinion addressing whether his current neck conditions are caused by or aggravated by his service-connected shoulder disabilities.

The Board has found that additional evidence was obtained after the issuance of previous statements of the case, and thus, a supplemental statement of the case must be issued.

The Veteran's left knee disability is currently rated at 10 percent for painful motion, but the Board finds that there has been substantial compliance with its remand directives and reiterates this decision.,Service connection remains in dispute for bipolar disorder, neck disability, right elbow disability, and skin disability. The Veteran's TDIU claim prior to August 25, 2016 is also pending.

The Board denied service connection for cervical dysplasia and COPD, finding that the Veteran's current conditions were not related to her military service.

The Board has determined that the Veteran's claims for service connection and initial ratings for various disabilities require additional development due to incomplete medical records and need for further examination.

The Board has decided to remand the case due to insufficient medical opinions regarding whether the Veteran's current neck disability is aggravated by his service-connected right hand disabilities. The VA must obtain additional treatment records and provide a new opinion on this issue.

The Veteran's claims for higher ratings and service connection have been remanded due to the need to obtain additional medical records from Moody Air Force Base.

The Board has found that the remand directives were not substantially complied with and thus the claims for service connection are being returned to the RO for further development.

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