Neck / cervical spine decisions — 2021

The Board has remanded the claims for service connection for various disabilities, including lumbar spine, cervical spine, right hip, sleep disorder, hypertension, traumatic brain injury (TBI), and right lower extremity neuropathy. The AOJ is instructed to obtain medical opinions regarding these issues.

The Board has granted service connection for hypertension and cervical strain, finding that the Veteran's current conditions are related to his in-service exposure to herbicide agents. The claimant also had a combat injury during service which is presumed to have caused or aggravated his current cervical spine disability.

The Board has remanded the Veteran's claims for service connection and initial ratings for his right hip and leg disability, cervical spine disability, and right great toe disability due to inadequate VA opinions and lack of sufficient evidence in the record.

The Veteran's claims for cervical spine, lumbar spine, and respiratory disabilities have been remanded due to the need for additional evidence.,New claims for bilateral sensorineural hearing loss, tinnitus, acquired psychiatric disability (claimed as posttraumatic stress disorder with alcohol use dependence), heart disability (claimed as ischemic heart disease and/or residuals of stroke), hypertension, and TDIU are also being remanded.

The Board has granted service connection for the Veteran's right knee and left ankle disorders, but denied her claims for tinnitus, skin disorder, and cervical spine disorder.

The Veteran's claims for service connection and temporary total ratings are being remanded due to the failure of VA examinations.

The Board has remanded the case due to an error in the previous decision regarding a right foot disability, and now needs a new medical opinion on whether the cervical spine disorder is aggravated by service-connected disabilities.

Service connection for transient ischemic attacks (TIA) with seizure-like activity, but no actual seizure disorder is granted. An increased rating of 20 percent for low back pain with mild degenerative changes is also granted.

The Veteran's appeal is remanded due to the need for additional examinations and consideration of new evidence. The issues include increased ratings for lumbosacral spine disability, right lower extremity radiculopathy, GERD, and service connection for a right shoulder disability, joint pain, and neck disability.

The Veteran's service-connected disabilities do not meet the schedular requirements for a TDIU prior to June 21, 2010. The Board has remanded the case for referral to the Director of Compensation Service for an extraschedular evaluation on this basis.

The Board has determined that the Veteran does not meet the criteria for service connection for any of the claimed conditions, including bilateral hearing loss and tinnitus. The evidence does not establish a current disability or an in-service event, injury, or disease.

The Veteran's claims for increased ratings and service connection have been remanded by the Board. The AOJ is directed to consider new evidence submitted since the August 2016 denial of his right knee disorder claim.

The Veteran's claim for an increased rating for his service-connected cervical spine disability was denied as the evidence did not show forward flexion of the cervical spine limited to 15 degrees or less prior to August 6, 2018.

The Board denied the Veteran's claim for service connection of his neck injury, finding that while he had a preexisting condition, there was no evidence to support aggravation during service and no current disability. The Board also noted that the medical treatise article submitted by the Veteran did not apply to his case.

The Board has decided to remand the claims of service connection for a neck disability, spinal fusion (claimed as low back disorder), and headaches due to insufficient medical opinions addressing the Veteran's lay contentions regarding in-service injuries.

The Board has granted service connection for cervical transverse myelitis and its related secondary conditions, including muscular degeneration of the left leg, right upper extremity condition, right lower extremity condition, and left lower extremity neuropathy.

The Board has remanded several claims related to low back, knee, and shoulder disorders. The claim for service connection for a low back disorder is being remanded due to new evidence indicating the Veteran may have lumbar stenosis.

The Board has decided to remand the case due to inadequate development, requiring an additional VA examination to determine the nature and etiology of any currently present neck disability.

The Board has determined that additional evidence is needed and remands the case for further development, including obtaining VA treatment records and conducting new examinations to address service connection claims.

The Board has remanded the Veteran's claims for service connection due to incomplete records and unclear onset of his disabilities. The VA will attempt to obtain National Guard service records, including ACDUTRA and INACDUTRA records, and provide further development as needed.