Neck / cervical spine decisions — 2022

The Veteran's cervical spine degenerative joint and disc disease is currently rated at 10 percent for the period prior to January 6, 2021, and denied for a rating in excess of 30 percent beginning on that date.

The Veteran's claim for a rating in excess of 10 percent for the service-connected cervical spine disability was denied from December 3, 2012 to November 23, 2019. On and after November 24, 2019, the Veteran's claim for a rating in excess of 20 percent for the same condition was also denied.

The Board has determined that the Veteran's claims for service connection for corneal ulcers, bilateral foot disability, bilateral CTS, cervical spine disability, and right knee disability are not granted due to lack of current diagnoses. The cases have been remanded for further development.

The Veteran's lumbar and cervical spine disabilities are granted as service connected, with the weight of evidence supporting that these conditions were incurred or aggravated by his active duty service.

The Board has decided to remand the case due to non-compliance with previous remand directives, specifically regarding obtaining a medical opinion on occupational and functional impairment caused by service-connected disabilities.

The Board has remanded the claims of service connection for various disabilities, including anxiety and depression, neck disability, left shoulder disability, right shoulder disability, back disability, vertigo, sleeping disorder (including sleep apnea), and Meniere's syndrome. The Veteran is asked to provide authorization for VA to obtain records from University of Western States chiropractic school in Portland, Oregon.

The Veteran's neck disorder, to include degenerative arthritis of the cervical spine, is currently rated at 30 percent for the period beginning November 14, 2017.,An earlier effective date of July 10, 2008, has been granted for the award of service connection and a 20 percent evaluation for the neck disorder.

The Veteran's combined disability rating is 100 percent, and he meets the schedular criteria for a TDIU. However, there is no evidence that any single service-connected condition prevents him from maintaining substantially gainful employment.

The Board denied service connection for lumbar and cervical spine disabilities, finding the evidence not in balance against a finding that these conditions did not begin during or are related to active duty service. The Veteran's claims for TDIU were also denied.

The Veteran's claims for service connection have been granted, and the rating reductions were not proper. The appeals are remanded to further develop evidence.

The Veteran's service-connected disabilities did not render him unable to obtain or maintain substantially gainful employment prior to January 12, 2015.

The Veteran's appeal of the claim for bilateral hearing loss was dismissed. The Board also remanded several other claims, including those for an acquired psychiatric disorder and various musculoskeletal disabilities.

The Board has remanded the cases for additional development due to insufficient medical opinions regarding the Veteran's cervical spine disability and GERD.

The Board has remanded the case due to inadequate reasons and bases in its previous decision regarding the Veteran's neck disability, specifically related to functional loss during flare-ups.

The Board has denied the Veteran's claims for service connection for cervical pain, lower back disability, bilateral foot disability, bronchitis, hypertension, stomach injury, ulcer disease, prostate cancer, erectile dysfunction, and bilateral hearing loss. The Board found that there was no evidence of a chronic condition during or within one year after service, and that any current conditions are not related to service.

The Veteran's claim for restoration of a 20% rating for cervical spine injury with traumatic degenerative arthritis from August 23, 2019 is granted. The claims for higher ratings and service connection are all remanded.

The Veteran's bilateral pes planus has been rated at the highest schedular evaluation available, and a higher rating is not warranted.,Service connection for degenerative arthritis of the cervical spine is granted as it is proximately due to service-connected disabilities (bilateral pes planus and left knee strain).,Service connection for left upper extremity radiculopathy is granted as it is proximately due to service-connected degenerative arthritis of the cervical spine.,Service connection for right upper extremity radiculopathy is granted as it is proximately due to service-connected degenerative arthritis of the cervical spine.

The Board has remanded the Veteran's claims for neck, back, hip, and knee disabilities due to service-connected pes planus. Additional medical opinions are needed regarding whether these conditions are related to service or secondary to his service-connected condition.

The Board has restored a 20 percent rating for the Veteran's degenerative disc disease of the cervical spine and has remanded the issue of entitlement to a higher rating for his right shoulder and bicep tear.

The Board has denied a higher rating for the Veteran's cervical spine disability, finding that it does not meet the criteria for a rating higher than 10 percent.