Neck / cervical spine decisions — 2022

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's cervical spine disability is related to his service or secondary to his service-connected left shoulder condition.

The Veteran's cervical strain and associated radiculopathy of the right upper extremity are currently rated at 30 percent prior to September 9, 2019, and 40 percent thereafter. The appeal is granted for a higher rating.

The Veteran's cervical spine disability was previously rated at 10 percent prior to December 6, 2018, and at 20 percent on or after April 1, 2019. The case is REMANDED for further development.,For the period from December 6, 2018, to April 1, 2019, a temporary total evaluation was assigned due to surgical treatment.

The Board denied service connection for cervical spine and low back disorders, finding that the evidence did not support a nexus to military service.

The Veteran's appeal includes claims for compensation under 38 U.S.C. § 1151 and service connection for various conditions. The RO must obtain private treatment records and schedule the Veteran for examinations to address these issues.,The Veteran is seeking service connection for a cervical spine disorder, low back disorder, and an acquired psychiatric disorder (depression). The RO must develop evidence related to these claims and provide appropriate VA examinations.,The Veteran's left knee disabilities are also at issue. The RO must obtain private treatment records and schedule the Veteran for another VA examination to assess his current disability levels.,Compensation under 38 U.S.C. § 1151 is remanded as it involves a different legal theory than service connection claims.,The Veteran's left knee disabilities are also at issue. The RO must obtain private treatment records and schedule the Veteran for another VA examination to assess his current disability levels.,Compensation under 38 U.S.C. § 1151 is remanded as it involves a different legal theory than service connection claims.

The Board denied service connection for lumbar and cervical spine disabilities, as well as obstructive sleep apnea. Service connection was granted for diabetes mellitus, type II.,Service connection was not established for the Veteran's lumbar and cervical spine disabilities or obstructive sleep apnea due to lack of in-service evidence and no credible continuity of symptomatology.

The Board has remanded several issues related to the Veteran's cervical spine, thoracolumbar spine, bilateral pes planus, knee and shoulder disabilities. Additional evidence is needed from VA and SSA records, as well as medical opinions regarding the relationship between the Veteran's service-connected conditions and his current disabilities.

The Board has remanded the Veteran's claims for cervical spine, thoracic spine, bilateral hearing loss, and hypertension due to issues with obtaining SSA records, VA examinations not providing adequate reasons or bases, and unclear discussions of the presumption of soundness. The case is being returned to the Board for compliance with these directives.

The Veteran's claim for service connection for a neck disability and increased rating for bilateral hallux valgus is being remanded due to the need for further development.

The Board has decided to remand the case due to inadequate examination and opinion regarding the nature and etiology of the Veteran's obstructive sleep apnea, specifically whether it is related to service-connected conditions or obesity.

The Veteran's claims for increased ratings for his service-connected back and neck disabilities have been denied. The Board found that the current evidence does not meet the criteria for a higher rating under the applicable diagnostic codes.

The Board has remanded the cases for an addendum opinion to determine if the Veteran's cervical and lumbar spine disorders are caused or aggravated by his service-connected right or left knee disorders.

The Veteran's claim for service connection for hepatitis C and cervical spine degenerative joint disease was denied. The Veteran received a compensable rating (40%) for hepatitis C, but the Board found no evidence of service connection for his cervical spine condition.

The Board has granted the Veteran's claim for service connection for bilateral hearing loss. The claims for cervical spine disability and memory loss have been denied.

The Veteran's appeals for service connection and a rating increase for PTSD, as well as his claim for TDIU have been dismissed due to the Veteran withdrawing from appeal.

The Veteran's appeals for increased ratings and service connection have been dismissed as he has withdrawn his appeal.

The Board has found the VA examinations and opinions to be inadequate for rating purposes, and thus remanded the cases for further development.

The Board has remanded the case due to incomplete VA examination and need for an addendum opinion regarding the relationship between the Veteran's cervical spine condition and his active service.

Service connection is granted for right ear hearing loss and tinnitus, both of which are service-connected under direct criteria.,The Veteran's cervical spine/neck disability, residuals of head injury, migraines, seizure disorder, lumbar spine disability, disabilities of the bilateral upper extremities, to include shoulder, arm, and radiculopathy, as well as left ear hearing loss, remain in appellate status.

The Board has decided to remand the case due to inadequate medical examination in a previous decision. The Veteran's claim for service connection for a neck disability, which is secondary to his service-connected back disability, will be reconsidered.