Neck / cervical spine decisions — 2022

The Veteran's claims for bilateral hearing loss and a rating higher than 10 percent for his left knee disability are denied. However, he is granted a separate 10 percent rating for instability of the left knee throughout the period under consideration. The remaining claims (for GERD, cervical strain, and sleep disorder) are remanded.

The Veteran's radiculopathy of the bilateral upper extremities is granted as secondary to his service-connected bilateral shoulder disability. However, the cervical spine disorder is not found to be related to his service-connected bilateral shoulder disability and thus denied. The claim for a compensable initial rating for hypertension remains pending.

The Veteran's cervical spine disability was rated at 10% prior to December 5, 2019 and at 30% from December 5, 2019 to July 1, 2021. The Board found a uniform 30% rating for the entire period prior to July 1, 2021. After July 1, 2021, the Veteran's cervical spine disability was rated at 20%. A higher rating is not warranted.

The Board has granted service connection for cervical strain. The Veteran's left and right shoulder disorders, as well as his left hip, knee, and lower extremity radiculopathy are not related to service.

The Veteran's cervical spine condition is rated at a 30 percent disability rating, effective November 5, 2014. The Board found the evidence in approximate balance as to whether the Veteran's cervical spine condition was manifested by pain and limited range of motion.

The Veteran's claims for increased ratings for his back and neck disabilities have been denied as the evidence does not meet the criteria for a higher rating under the applicable VA regulations.

The Board denied service connection for low back and neck disabilities, finding that the Veteran's current conditions are not related to his military service.

The Veteran's service-connected lumbosacral spine, cervical spine, right knee, and left knee disabilities are being remanded for additional examinations to assess their current severity.

The Board has remanded the Veteran's claims for service connection due to insufficient information regarding his exposure to hazardous substances and materials during service. The Veteran is also required to undergo examinations for his cervical spine, lumbar spine injury, left knee, and right knee conditions.

The Board has determined that the appellant's discharge under other than honorable conditions for willful and persistent misconduct bars him from receiving service-connected compensation benefits. The appeal is REMANDED to obtain a medical opinion regarding the relationship between the appellant's cervical spine spondylosis and his parachute jumps and airborne training during service, as well as an examination to determine the nature and etiology of any PTSD or other specified trauma and stressor-related disorder.

The Veteran's claim for service connection for PTSD was denied. The rating for his cervical spine disability prior to October 11, 2018, was granted at a 30% level but not higher. His request for a TDIU was withdrawn.

Service connection is granted for peripheral neuropathy of the bilateral upper and lower extremities as secondary to service-connected type II diabetes mellitus.,Service connection is denied for cervical spine disability, thoracolumbar spine disability, respiratory disability (chronic), obstructive sleep apnea, tinnitus, and chronic disability manifested by dizziness.

The Board has granted service connection for squamous cell carcinoma of the mouth and cervical lymph node metastatic disease, finding that these conditions are at least as likely as not related to the Veteran's Agent Orange exposure. The decision also acknowledges a link between the Veteran's PTSD and his use of tobacco and alcohol, which contributed to his cancer development.

The Board has granted service connection for right and left sciatica of the lower extremities, cervical spine disability, bilateral plantar fasciitis, left upper extremity numbness, and right upper extremity numbness based on new evidence received since previous denials.

The Board has remanded the Veteran's claims for additional development and examination, as there is insufficient evidence to determine if he currently has any of the claimed disabilities or if they are related to his service.

The Board has dismissed all claims of service connection for various conditions, including right knee osteoarthritis and other musculoskeletal issues, as well as psychiatric disorders. The appeal is dismissed due to the Veteran's death.

The Board has denied service connection for migraine headaches and remanded the case for further development regarding cervical strain.

The Board has denied service connection for cervical spine degenerative disc disease C5-6, right arm numbness and tingling, right shoulder disability, fibromyalgia, left foot condition (other than metatarsalgia and neuroma), and right foot condition (other than second toe fracture) as these conditions were not incurred or aggravated by active service.

The Board has granted service connection for a right pinky finger disability. The other issues on appeal have been remanded due to outstanding treatment records.

The Board has remanded the issue of a rating in excess of 10 percent for bilateral hearing loss from January 31, 2012, to June 14, 2018. The Veteran's service-connected disabilities prevent him from securing or following substantially gainful employment effective February 14, 2007.