Neck / cervical spine decisions — 2021

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development, including obtaining Social Security Administration (SSA) records and VA treatment records.

The claim for service connection is reopened, but the issues of left carpal tunnel syndrome, left ulnar entrapment, cervical spine disorder, and left ear hearing loss are remanded due to lack of a nexus opinion.

The Veteran's service connection for degenerative joint disease of the cervical spine is granted, and he meets the schedular requirement for a TDIU due to his service-connected disabilities.

The Board has granted service connection for a back disability and an initial 10% rating for cervical spondylosis with right upper extremity paresthesias.,However, the issue of an initial disability rating in excess of 10% for cervical spondylosis with right upper extremity paresthesias is being remanded.

The Board denied an increased rating for the Veteran's cervical spine disability, but granted a 20 percent rating for his lumbosacral strain with degenerative disc disease as of July 18, 2019. The Veteran is currently rated at 20 percent for this condition.

The Veteran withdrew his claims for cervical spine disability and Graves' disease, and the Board dismissed these claims. The psychiatric disorder claim is remanded for further action.

The Board has denied the Veteran's claim for service connection for a cervical neck disability, finding that there is no evidence of a nexus between his current condition and his military service or any service-connected disabilities.

The Board has granted service connection for a back disability and vertigo, but has remanded the cases of neck disability and skin condition due to insufficient evidence.

The Veteran's PTSD was granted a disability rating of 70 percent from October 3, 2019. The other claims were either denied or remanded.,Service connection for fibromyalgia and migraine headaches was not established.

The Board has remanded the service connection claims for a cervical spine disorder and residuals of traumatic brain injury (TBI) to include a headache disorder, as well as the SMC and SMP claims. The issues are being remanded due to conflicting opinions regarding whether the Veteran's falls were caused or aggravated by his service-connected disabilities.

The Board denied the Veteran's claim for a total disability rating due to individual unemployability (TDIU) on an extraschedular basis prior to August 23, 2011. The evidence did not establish that his service-connected conditions alone rendered him incapable of obtaining or maintaining substantially gainful employment during this period.

The Board has granted service connection for a lumbar spine disorder, but remanded the issue of service connection for a cervical spine disorder.

The Board denied the Veteran's claim for service connection for a left-hand disorder, finding that there was no evidence of chronicity since service and that the current disability is not related to active service.

The Board has remanded the Veteran's claims regarding cervical spinal stenosis with degenerative disc disease and PTSD due to insufficient rationale in previous VA opinions.

The Board denied the Veteran's claims for service connection for cervical and thoracolumbar spine disabilities, finding that there was no evidence of in-service injury or incident causing these conditions. The Board also found insufficient evidence to establish a secondary service connection for nerve disabilities.

The Veteran's cervical spine disability, right shoulder/upper clavicular radiculopathy with RUE carpal tunnel syndrome, and LUE carpal tunnel syndrome are not rated higher than the currently assigned ratings. The Veteran’s OSA with residuals of sarcoid is also not rated higher.

The Veteran's PTSD is rated at 50 percent since May 16, 2013. The Board finds the symptoms do not warrant a higher rating.,The Veteran's neck disability is rated at 20 percent since May 16, 2013. The Board finds the symptoms do not warrant a higher rating.,The Veteran's right upper extremity radiculopathy is rated at 40 percent since May 16, 2013. The Board finds the symptoms do not warrant a higher rating.,The Veteran's TBI residuals are rated at 40 percent since May 16, 2013. The Board finds the symptoms do not warrant a higher rating.

The Board denied service connection for a sleep disorder and found that the Veteran's insomnia was related to his already service-connected depressive disorder. The Board also denied an initial disability rating greater than 20 percent for cervical spine disability, as forward flexion of the cervical spine did not limit to 15 degrees or less during the claim period.,The Board denied entitlement to a separate compensable rating for left upper extremity neurological abnormality associated with cervical spine disability and found that right upper extremity radiculopathy was characterized as moderate incomplete paralysis on the dominant side.

The Veteran's cervical spine disability is rated at 30 percent from May 4, 2010 to October 4, 2020. The Board denied a rating in excess of 30 percent and TDIU due to the lack of incapacitating episodes and her ability to maintain full-time employment.

The Veteran's left knee instability is now rated at 20 percent effective February 7, 2021. All other claims remain denied.