Neck / cervical spine decisions — 2022

The Board has dismissed the Veteran's claims of service connection for left ankle and neck disabilities, as well as his claim for a higher rating for right ankle disability. The appeals are dismissed due to the full benefits sought on appeal being granted in September 2020.

The Board has remanded the cases for further development and to obtain medical opinions regarding the nature and etiology of the Veteran's claimed neck disability, loss of mobility in the neck, and left arm disability. The claims are being returned to the AOJ for these actions.

The Veteran's headaches are rated at 50 percent, but no higher. The Board finds the evidence is in equipoise as to whether the Veteran's service-connected migraine headaches meet the criteria for a 50 percent disability rating. Service connection for a neck disability and obstructive sleep apnea is remanded due to lack of examination.

The Veteran's appeal for a rating in excess of 10 percent for right finger disability has been withdrawn.,The claim for an effective date earlier than January 12, 2015, for the grant of a 10 percent rating for right finger disability is denied.

The Veteran's service-connected disabilities did not prevent her from securing and following a substantially gainful occupation prior to October 29, 2010.

The Board has remanded the claims for increased ratings and TDIU prior to July 7, 2014 due to the need for additional development.

The Board has dismissed the service connection claims for neck disorder, cervical radiculopathy (right and left upper extremities), status/post cerebral vascular accident, and congestive heart failure as the Veteran withdrew all these issues during a hearing before the Board.

The Board has remanded the case due to a lack of consideration of certain post-service medical records and SSA findings in the VA clinician's opinion. The Veteran is seeking service connection for his cervical spine disability, which may be related to his military service.

The Veteran's appeals for various conditions have been dismissed due to the death of the Veteran during the appeal process.

The Veteran's sleep apnea is granted as service-connected, and the issues of cervical spine, left hip, right hip, and lumbar spine disabilities are remanded for further evaluation.

The Veteran's cervical spine disability is remanded for a VA examination to determine if it is related to his military service.

The Board has remanded the claims for service connection for low back and neck disabilities due to a lack of contemporaneous medical records. The Veteran's attorney withdrew his hearing request, and VA must obtain SSA disability decision and associated medical records related to the low back disability. A new VA examination is required to determine the etiology of the claimed back disability.

The Board has dismissed all appeals due to the Veteran's withdrawal of his claims.

Service connection is denied for a low back disorder, radiculopathy of the right lower extremity, and radiculopathy of the left lower extremity.,Service connection is granted for arthritis of the cervical spine. Service connection is denied for cervical strain.

The Board has decided to remand the case for further development and medical opinion regarding the Veteran's cervical spine disorder.

The Board has granted service connection for tinnitus and has remanded the remaining issues due to a lack of medical evidence addressing the severity of the Veteran's cervical spine and lumbar spine disabilities, as well as his headaches, sinus condition, and allergic rhinitis.

The Veteran withdrew her claims for increased evaluations on multiple knee and shoulder conditions, resulting in the dismissal of these appeals.

The Veteran's combined rating for her service-connected disabilities is 60%, which meets the schedular criteria for a TDIU. However, she does not meet the noneconomic component of a TDIU as she can still perform substantially gainful employment.

The Veteran's headaches are found to be secondary to his service-connected hepatitis C, and the Board grants service connection for this condition.

The Board has remanded the claims for additional development due to conflicting opinions on whether service-connected psychiatric disability caused or aggravated the Veteran's claimed disabilities.