Neck / cervical spine decisions — 2021

The Board has dismissed all claims of service connection due to the Veteran's death.

The Board has remanded the Veteran's claims for service connection due to a failure to obtain relevant private treatment records from Kaiser Permanente.

The Veteran's appeals regarding ratings and service connection for various disabilities have been dismissed due to her withdrawal of the appeals.

The Veteran's cervical spondylosis at C6-C7 is currently rated as 10 percent disabling. The Board has granted a separate 40 percent rating for right upper extremity radiculopathy and a separate 30 percent rating for left upper extremity radiculopathy, both effective November 10, 2010.

The Board denied service connection for lumbar spine, cervical spine, and headaches disabilities due to a lack of evidence showing these conditions were incurred or aggravated by military service.

The Board has remanded the Veteran's claims for service connection due to incomplete compliance with prior remand instructions and the need for additional medical opinions. The claims are related to bilateral shoulder disability, cervical spine disability (secondary to knee disability), and lumbar spine disability (secondary to knee disability).

The Veteran's claims for service connection for a neck disorder, low back disorder, and respiratory disorder are all granted. The decision also notes that the claim of service connection for a low back disorder is reopened due to new and material evidence.

The Board has decided to remand the case due to insufficient evidence and needs additional information from a medical expert regarding whether the Veteran's back disability is related to his service.

The Veteran's right upper extremity cervical radiculopathy is granted as secondary to her service-connected cervical spine disability. A 40 percent rating for her lumbar spine disability is granted, effective from February 27, 2015. The Veteran's PTSD is rated at 70 percent since the entire rating period on appeal.

The Board has denied service connection for neck disability and remanded the claims of compensation under 38 U.S.C. § 1151 for residuals of cervical spine surgery and service connection for right shoulder disability.

The Board has determined that new examinations are needed for the Veteran's claims of osteoporosis of the lumbar spine, cervical spine, right hip and femur, and left hip and femur due to potential inconsistencies in previous examination reports. The case is being remanded for these purposes.

The Board granted service connection for cervical-spine disorder, finding that the Veteran's current condition is directly caused by his in-service wear and carry of heavy equipment. However, it denied service connection for thoracolumbar-spine disorder due to lack of evidence linking the condition to service.,Service connection was established for cervical spine issues based on chronicity and a nexus between in-service injury and current disability. The Board found no direct link between the Veteran's thoracic spine disorder and his military service.

The Veteran's right hip osteoarthritis was granted service connection and an effective date of the grant is set.,An effective date prior to February 5, 2018 for the grant of service connection for tension headaches is denied. The Veteran submitted a formal claim on April 27, 2018.,The Veteran's initial claims for left ear hearing loss and back disability are remanded as his current level or nature of these disabilities may not be reflective of the evidence of record.,The Veteran's neck disability is also remanded as his current level or nature of this disability may not be reflective of the evidence of record.,The Veteran's initial claim for tension headaches is remanded as his current level or nature of this disability may not be reflective of the evidence of record.

The Veteran's claims for increased ratings for cervical spine, shoulder, and GERD disabilities were denied as the medical evidence did not support a higher rating.

The Veteran's cervical spine disability is rated at 10 percent, and the Board finds that a higher rating is not warranted as his range of motion does not meet the criteria for a higher rating.

The Board has remanded the claims for service connection for various disabilities due to incomplete verification of the Veteran's duty status and travel during a motor vehicle accident in April 1967.

The Board denied service connection for Lyme disease, dizziness as due to Lyme disease, ataxia as due to Lyme disease, and cervical radiculopathy as due to Lyme disease. The Veteran's symptoms were not shown during active service and are not considered related to military service.

The Veteran's dorso lumbar spine disability was denied increased ratings in excess of 20 percent prior to March 5, 2012 and from March 5, 2012 onwards.,The Veteran's cervical spine disability was denied increased ratings in excess of 20 percent prior to January 23, 2020 and from January 23, 2020 onwards.

The Veteran's major depression and generalized anxiety disorder are not service-connected, as there is no evidence of such conditions during or immediately after his military service. The cervical spine disability was also not service-connected due to lack of in-service injury or disease.

The Board has determined that the Veteran's claims for service connection and increased ratings are remanded due to outstanding medical records, need for further examination, and consideration of TDIU.