Neck / cervical spine decisions — 2021

The Board has remanded the Veteran's claims for cervical and lumbar spine disabilities, as secondary to service-connected bilateral hips disability, due to inadequate examination findings and need for additional medical opinions.

The Board has determined that the VA medical opinions obtained on remand are inadequate and requires further examination or opinion to address the Veteran's claimed disabilities, their onset during service, and any relationship to his service. The case is therefore being remanded for these purposes.

The Veteran's claim for a compensable disability rating for right lower extremity radiculopathy prior to September 4, 2019 and in excess of 10 percent thereafter was denied. The Veteran also received an award of TDIU effective March 5, 2015.

The Board denied service connection for cervical spine disability, hypertension, and folliculitis. The cervical spine disability was not incurred in or related to service. Hypertension is not shown to be caused by service-connected conditions.,Folliculitis was not shown to have been present during service.

The Veteran's TDIU claim is denied as he does not meet the criteria for a schedular or extra-schedular TDIU rating due to his service-connected disabilities alone.

The Board denied service connection for a cervical spine condition, thoracolumbar spine condition, and bilateral shoulder condition due to lack of evidence showing the conditions were incurred or aggravated by military service.

The Board denied the Veteran's claims for service connection for a cervical spine disability, finding that there was no causal basis between his cervical spine and lumbar spine disabilities. The evidence did not support a finding of chronicity within one year after service discharge or as due to an in-service injury.

The Board has granted SMC based on the need for regular aid and attendance due to service-connected disabilities, but denied service connection for a cervical spine disability.

The Board denied the Veteran's claims for earlier effective dates for service connection due to lack of new and relevant service department records, resulting in a denial.

The Veteran's degenerative disc disease to the cervical spine is related to his military service and has been granted.

The Veteran was awarded a TDIU effective January 24, 2014. The Board found the evidence at least in equipoise as to whether his service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation during the period from May 15, 2013 (the date following his last day of full-time employment) and awarded TDIU on an extraschedular basis.

The Board has remanded the case due to errors in obtaining relevant medical records and providing an adequate opinion regarding the relationship between the Veteran's service-connected disabilities and his obstructive sleep apnea.

The Board has denied the Veteran's claims for service connection for low back strain (lumbar spine) and cervical spine spondylosis disabilities, finding that there is no evidence to support a nexus between these conditions and his military service.

The Board has determined that new examinations are needed to evaluate the Veteran's cervical spine and lumbar spine disabilities due to outdated examination records. The VA will also obtain any private treatment records for bilateral hearing loss.

The Board has granted the appellant's application to reopen his previously denied claims for service connection for DDD of the lumbar spine, cervical spine, and lupus. The cases are now remanded for further development.

The Board has remanded the claims of service connection for cervical spine and right shoulder disabilities due to errors in the previous decision, including failing to consider in-service diagnoses and outdated legal standards.

The Board denied the Veteran's claims for service connection for a lumbar spine disability and increased ratings for his cervical spine disability and left upper extremity radiculopathy. The Board found that there was no evidence of a direct link between the Veteran’s current disabilities and his military service, or secondary to his service-connected cervical spine disability.

The Board denied the Veteran's claim for service connection for a cervical spine disability, finding that there is no evidence of neck pain or injury during service and no chronic condition following service. The Board also denied an initial rating in excess of 40 percent for lumbar spine disability.,There was no exposure basis provided (e.g., burn pit, Agent Orange, Camp Lejeune, radiation, Gulf War).

The Veteran's service-connected disabilities prevented him from obtaining and maintaining substantially gainful employment from December 25, 2013 through September 7, 2017.

The Board has determined that the Veteran's service-connected disabilities at least as likely as not result in him needing regular aid and attendance of another person, warranting entitlement to special monthly compensation (SMC) based on the need for regular aid and attendance.