Neck / cervical spine decisions — 2021

The Board denied the Veteran's claims for service connection for a right foot disability and TDIU prior to January 24, 2011. The evidence did not support a finding that her current right foot condition was related to her military service or any service-connected disabilities.

The Board has remanded the case for a clarification of the nature and etiology of the Veteran's cervical spine disability, including whether it is related to service or secondary to his service-connected conditions.

The Board has granted service connection for left upper extremity cervical radiculopathy and carpal tunnel syndrome, right foot achilles tendonitis with spur and plantar fasciitis, left foot achilles tendonitis with spur and hallux rigidus, and degenerative disc disease of the cervical spine, status post cervical fusion and discectomy.,The Board has also granted an initial 10 percent rating for sciatic nerve radiculopathy of the left lower extremity.

The Veteran's claim for a compensable rating for bilateral hearing loss was denied as his hearing acuity did not meet the criteria for a higher rating.,Service connection for a neck disability, low back disability, and chronic migraines were also denied due to lack of evidence linking these conditions to service.

The Veteran's cervical spine disability was granted a rating of 30 percent prior to May 5, 2017. The condition is manifested by forward flexion limited to 15 degrees or less.

The Veteran's ischemic heart disease is granted service connection due to herbicide agent exposure. The cervical spine disability claim was reopened and granted based on continuity of symptoms since service.

The Board has denied the Veteran's claims for service connection for back and neck disabilities, finding that there is no evidence of in-service onset or a relationship to service.

The Veteran's fibromyalgia with headaches was granted a 40% rating for the entire period on appeal. The TDIU claim prior to February 28, 2011 is also granted.

The Veteran's cervical spine disability was rated at 10 percent prior to February 26, 2020 due to the range of motion and muscle spasm not meeting higher criteria.

The Board has remanded the Veteran's claims for bilateral hearing loss, lumbar spine disorder, and cervical spine disorder due to a lack of VA treatment records from after service discharge. The Veteran testified that his symptoms began shortly after service discharge.

The Board has decided to remand the cases of cervical spine and left ankle disabilities for additional development due to missing VA treatment records.

The Veteran's service-connected disabilities have caused and aggravated his cervical spine disabilities, leading to a grant of service connection for these conditions.

The Veteran's service-connected disabilities have rendered him unable to obtain or maintain substantially gainful employment since April 20, 2015. The Board finds the evidence of record provides a foundational basis to refer the matter for extraschedular consideration because the evidence suggests that the Veteran’s service-connected back and cervical disabilities may have prevented substantially gainful employment prior to April 20, 2015.

The Board has remanded the Veteran's claims for neck disability and thoracolumbar spine disc bulge due to insufficient medical opinions regarding service connection.

The Veteran's appeals for increased ratings on several service-connected conditions have been dismissed due to his death prior to a decision.

The Board has remanded the issues of service connection for GERD, voiding dysfunction, and TDIU prior to November 1, 2017. The effective date for Chapter 35 DEA benefits is also being remanded.

The Veteran's service-connected cervical spine degenerative joint disease rendered him unable to obtain and maintain substantially gainful employment from July 29, 2014. The Board granted a TDIU on an extraschedular basis effective July 29, 2014.

The Board has denied service connection for diabetes mellitus and remanded the claims for neck and back disabilities due to insufficient evidence regarding whether any pre-existing conditions were aggravated by military service.

The Veteran's initial claim of a higher rating for left shoulder impingement syndrome was withdrawn. The Board denied the Veteran's claims for increased ratings for his cervical spine degenerative disc disease, finding that he did not meet the criteria for a higher rating at any point during the appeal period.

The Board has remanded the claims for service connection due to incomplete records from the National Personnel Records Center (NPRC). The Veteran's service records need to be obtained and added to the claims file.