Neck / cervical spine decisions — 2021

The Board denied service connection for cervical spine disability, right upper extremity cervical radiculopathy, and left upper extremity cervical radiculopathy as these conditions were not shown to be related to the Veteran's active duty service.,Service connection was also denied for bilateral upper extremity cervical radiculopathy due to lack of evidence showing a relationship between the condition and the Veteran's military service.

The Veteran's broken bones claim is denied as there is no current diagnosed condition.,The Veteran's migraine headaches claim is denied due to lack of a causal relationship with service.,The Veteran's cervical spine disability claim is denied based on the absence of a link between the 1994 car accident and current symptoms.,The Veteran's right shoulder disability claim is denied as there is no evidence linking it to service or the 1994 car accident.,The Veteran's left shoulder disability claim is denied for similar reasons.,The Veteran's acquired psychiatric disorder (PTSD) claim is denied due to lack of a causal relationship with service.

The Veteran's claim for service connection for syphilis is denied as he does not have a current disability. The Veteran's cervical strain claim is remanded due to new evidence being added to the claims file.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities, finding that his service-connected conditions did not preclude him from securing or following substantially gainful employment.

The appeal for a disability rating in excess of 10 percent for eye movement spasms and photophobia due to TBI (also claimed as sensitivity to light, nystagmus, and convergence palsy) is dismissed.,The appeal for a disability rating in excess of 10 percent for cervical spine degenerative disc disease with cervical strain (previously rated as cervical strain) is dismissed.,The appeal for service connection for right bicep muscle strain is dismissed.,The appeal for service connection for right elbow disability with weakness in the right hand is dismissed.,The appeals for service connection for right knee and left knee disabilities are remanded.,The appeal for loss of feeling of the right hand is also remanded.

The Veteran's claims for increased ratings for cervical spine disability, left upper extremity radiculopathy, and right upper extremity radiculopathy were denied as the evidence did not meet the criteria for a higher rating under VA regulations.

The Board has granted service connection for a neck disability, finding that the evidence is at least in equipoise as to whether it is related to active duty service.

The Veteran's claims for service connection have been granted for lumbar and heart disabilities, bilateral hearing loss disability. The remaining claims were denied.

The Veteran's cervical strain disability is being remanded for a new VA examination to determine the extent and severity of her service-connected condition, including any additional diagnoses. The examiner must provide an opinion on whether these additional diagnoses are related to the service-connected cervical strain.,A new VA examination is needed to address whether the Veteran’s RUE disabilities (other than cervical radiculopathy) are secondary to her service-connected right shoulder and cervical spine disabilities or if they have a separate etiology. The examiner must differentiate between symptoms attributable to the service-connected condition and those attributable to nonservice-connected conditions.,The Veteran's asthma is being remanded for a new VA examination to determine whether it was caused by environmental exposures during Desert Storm/Shield, aggravated by her service-connected allergic rhinitis, or has a separate etiology. The examiner must provide an opinion on the relationship between these factors.

The Board denied service connection for chronic lumbar spine and cervical spine disorders, finding that the evidence did not show a diagnosis of these conditions during or within one year after active service, nor was there any link to service.

The Board denied the Veteran's claim for TDIU as his service-connected disabilities do not prevent him from securing and maintaining employment, despite significant physical and mental impairments.

The Board has granted service connection for cervical spine arthritis and lumbar DDD, and an initial increased evaluation of PTSD to 70 percent. The Veteran's PTSD is currently rated at 70 percent.

The Board has determined that there is insufficient evidence to make a decision on the Veteran's TDIU claim and requires additional development, including scheduling a VA examination and obtaining an opinion from a VA vocational expert or another qualified professional.

The Board has reopened the claim for service connection of a cervical spine disorder and granted it. The Veteran's current diagnosis is best characterized as cervical disc disease, which the Board finds to be at least as likely as not related to his military service.

The Board has determined that the Veteran's sleep apnea and chronic cervical spine disability are related to his service-connected conditions, specifically ALS. The case is being remanded for further analysis.

The Veteran's initial rating for his service-connected cervical spine DDD was increased to 10 percent in a June 2019 rating decision. The Board denied an initial higher rating, but the Court granted a JMPR vacating that portion of the decision. This matter is being remanded due to inadequate examination and need for additional development.

The Board has determined that the Veteran's cervical spine disability is related to his service-connected lumbar strain with mild scoliosis and kyphosis. The issues of increased ratings for lumbar strain, left lower extremity radiculopathy, and TDIU are remanded.

Service connection for a cervical spine disorder, bilateral hip disorder, bilateral ankle disorder, and bilateral foot disorder (excluding skin) is denied.,Service connection for vertigo and urticaria is denied. Service connection for headaches is granted.

The Board has remanded the Veteran's claims of service connection for left shoulder, right shoulder, and cervical spine disabilities due to incomplete records and need for further examination.

The Veteran's claim for a higher rating for his cervical spine disability is being remanded due to the need for updated VA treatment records and a new VA examination.