Neck / cervical spine decisions — 2021

The Veteran's lumbar and cervical spine disabilities have been granted increased ratings, with the lumbar disability receiving a 40% rating since April 24, 2013.

The Board has remanded the Veteran's claims for service connection for bilateral shoulder disorders, as they may be related to his service-connected cervical spine disability. The VA examiner did not address whether the Veteran’s shoulder disorders are caused or aggravated by his service-connected neck disability.

The Board has remanded the claim for a total disability rating based on individual unemployability (TDIU) due to the Veteran's service-connected disabilities preventing him from obtaining and following substantially gainful employment. The case was referred to the Director of Compensation Service for extraschedular consideration.

The Veteran's respiratory disability, including asthma, is not service-connected.,None of the Veteran’s other disabilities are found to be secondary to a service-connected condition.

The Board has received additional evidence and the Veteran's representative has requested that this evidence be reviewed by the AOJ/RO. The Board is therefore remanding these matters to comply with the Veteran’s request.

The Veteran's appeals for increased ratings and service connection have been dismissed due to his withdrawal of the appeal.

The Board denied the Veteran's claim for service connection for a cervical spine disorder, finding that there was no evidence of a nexus between his in-service boxing injury and his current cervical spine condition. The Board also found that the cervical spine disorder is not related to or aggravated by his service-connected left shoulder disability.

The Board has remanded the Veteran's claims of entitlement to service connection for a right shoulder disability, low back disability, and cervical spine disability due to new evidence received since the March 2004 decision.

The Veteran's claims for increased disability evaluations for cervical strain and lumbar strain were denied. The current ratings of 30 percent for cervical strain and 40 percent for lumbar strain are not higher than what is warranted based on the evidence.

The Veteran's service-connected disabilities rendered him unable to secure and maintain substantially gainful employment from May 21, 2009, until October 18, 2013.

The Veteran's claim for a higher rating than 10 percent prior to February 24, 2020, and 20 percent thereafter for cervical spondylosis is denied.,The Veteran's claim for a higher rating than 10 percent prior to April 24, 2018, and 20 percent thereafter for right acromioclavicular joint separation status-post surgical repair with osteoarthritis is denied.

The Veteran's service-connected disabilities did not prevent him from obtaining and maintaining employment consistent with his occupational and vocational experience prior to June 13, 2020.

The Board has granted service connection for residuals of a low back injury and degenerative arthritis, but denied service connection for a cervical spine disability. The low back condition is presumed to have existed prior to service and was aggravated by an in-service pool injury.

The Board denied the Veteran's claims of service connection for neck and right shoulder disabilities, finding that there was no evidence linking these conditions to his active duty service or service-connected right foot residuals.

The Veteran's IBS was denied a compensable evaluation from June 13, 2010 to September 27, 2019.,An increased evaluation in excess of 30 percent for IBS since September 27, 2019 was also denied.

The Board has remanded the Veteran's claims for back disability and headaches due to inadequate medical opinions regarding their etiology. The Veteran's back disabilities are related to her service-connected residuals of frostbite, but not her bilateral foot disability or major depressive disorder. Her headaches are not caused by or aggravated by her service-connected disabilities.

The Board has remanded the claims of service connection for lumbosacral spine, cervical spine, and bilateral shoulder disorders due to insufficient examination findings. The Veteran is required to undergo new VA examinations to determine if his current conditions are related to his active service.

The Board has decided to remand the claims for cervical spine disability, lumbar spine disability, and chest pain with breathing problems due to failure of the Veteran to report to scheduled VA examinations. The Veteran's concerns about exposure to COVID-19 and lack of transportation are considered good cause.

The Board has remanded the case for additional development, including a new VA examination to assess the severity of the Veteran's cervical spine disability. The TDIU issue is also being remanded as part and parcel of the increased rating claim.

The Board denied the Veteran's claims for service connection for a cervical spine disability and an initial rating in excess of 10 percent for his low back condition.,The evidence did not support a finding that the Veteran’s current cervical spine or low back disabilities were directly related to service.