Neck / cervical spine decisions — 2021

The Veteran's claim for an effective date prior to June 19, 2013 for the award of service connection for tinnitus is denied as there was no prior unadjudicated claim. The Veteran is already in receipt of the earliest possible effective date allowed under law.,The Veteran's claim for a rating in excess of 10 percent for tinnitus is denied as he is already receiving the maximum schedular evaluation.

The Board has determined that the Veteran's appeal on several issues is being dismissed due to his withdrawal of claims. The remaining issues, including service connection for cervical spine disability and TDIU, are being remanded for further development.

The Board has denied service connection for a cervical spine disability due to lack of evidence linking the current condition to service. The lumbar spine disability claim is remanded for further development.

The Board has granted the Veteran's requests to withdraw his appeals for service connection of various disabilities, including skin condition, bilateral ankles, bilateral knees, neck, left ear hearing loss, low back pain, and psychiatric disorder (including PTSD and a personality disorder). The claims for head injury with residual headaches have been remanded.

The Board has granted service connection for a left shoulder condition and cervical strain, but dismissed the issue of service connection for a lung condition. The Veteran's lumbosacral strain claim is remanded for further examination.

The Veteran's claim for a higher rating for his lumbar spine disability was denied, while he received a 30 percent rating for his cervical spine disability effective February 9, 2011.

The Veteran's claims for a higher rating for cervical degenerative disc disease and TDIU are remanded due to inadequate VA examination reports. The AOJ must provide an addendum opinion addressing the severity, frequency, and duration of any flare-ups since November 15, 2009.

The Board has remanded the Veteran's claim for service connection for a disability of the mid or upper back, including as due to undiagnosed illness. The case is returned for further development and an addendum opinion from the VA examiner.

The Board has remanded the Veteran's claims for service connection for cervical spine disability, shin splints of the right leg, shin splints of the left leg, bilateral hearing loss, and bilateral tinnitus due to the need for further development.

The Board has remanded the claims for service connection due to insufficient development and consideration of the Veteran's statements regarding his in-service injuries. The issues are now pending for further review.

The Board has granted service connection for a low back condition, but denied service connection for a cervical spine condition.

The Veteran's right upper extremity radiculopathy was rated at 20 percent prior to May 22, 2017 and increased to 40 percent from that date. The Veteran also received a separate 30 percent rating for left upper extremity radiculopathy starting January 19, 2018.,The appeal is remanded due to the need for further development regarding the Veteran's TDIU claim.

The Board denied service connection for a cervical spine disability, left knee disability, right knee disability, and depression. The Veteran's current disabilities were not incurred during his active duty service.,Service connection was also denied for a sleep disability (insomnia) as there is no evidence of such a condition in the record.

The Board has denied the Veteran's claim for service connection for a cervical spine disability, finding that there is no evidence to support a direct relationship between her current condition and active duty service. The Board also found insufficient evidence to establish secondary service connection due to a service-connected lumbago disability.

The Board has granted service connection for bilateral hearing loss, finding that the Veteran's current hearing impairment is at least as likely as not caused by an in-service explosion during basic training.,Service connection was denied for erectile dysfunction (ED), myelitis of the cervical spine, and rheumatic myalgia. The Board found no evidence linking these conditions to service.

The Board has remanded the issue of entitlement to service connection for a cervical spine disability due to inadequate medical opinion addressing the Veteran's contentions about the basis for his claim.

The Veteran's claims for increased ratings on multiple conditions have been dismissed due to the Veteran withdrawing his appeals.,The Veteran’s bilateral pes planus has not met the criteria for a higher rating prior to February 28, 2019.

The Veteran's claims for increased ratings of his right knee, PTSD and alcohol abuse, episodic, GERD, cervical spine spondylosis, and degenerative arthritis of the thoracic spine disabilities are being remanded due to inadequate development. The Veteran will be scheduled for examinations to assess the current severity of these conditions.

The Board has remanded the Veteran's claims for service connection due to incomplete certification of her service treatment records and need for additional development, including VA examinations.

The Veteran's lumbar and cervical spine disabilities are granted service connection, with a compensable rating for hypertension. Bilateral hearing loss disability and sinusitis claims are denied.