Neck / cervical spine decisions — 2022

The Board denied service connection for neck, left shoulder, left hip, and left knee disabilities because the evidence did not show that these conditions were incurred on active duty or in the line of active or inactive duty for training.

The Veteran's cervical spine disability was rated at 10 percent prior to August 7, 2019 and at 30 percent as of that date. The Board found the evidence did not meet criteria for a higher rating under Diagnostic Code 5237 or based on incapacitating episodes of intervertebral disc syndrome.

The Board has remanded the Veteran's claims for higher staged ratings for his service-connected cervical spine and TMJ disabilities due to additional development being necessary.,Specifically, a new VA examination is needed to address whether the Veteran's increased neck pain with worsening TMJ symptoms and/or after activities including lifting and turning his head constitutes a flare-up, and if so, provide the current functional loss during any such flare-ups.

The Board has granted service connection for obstructive sleep apnea and cervical spine disabilities, as well as secondary service connection for radiculopathy of the upper left and right extremities. The claims for residuals of a tonsillectomy (secondary to OSA) and degenerative arthritis of the shoulders are remanded.

The Board has reopened the Veteran's claims for service connection for various disabilities, but has remanded them for further development and examination.

The Board has remanded the Veteran's claims for service connection due to insufficient medical opinions and outstanding VA treatment records. The issues include right shoulder, right ankle, left ankle, neck, and acquired psychiatric disorders.

The Veteran's appeals for service connection on all issues except GERD have been withdrawn. The appeal for GERD has been dismissed as it was fully granted in a previous decision.

The Board has remanded the cases for additional examinations to address functional loss due to flare-ups and repetitive use over time, as the previous VA examinations were inadequate in this regard.

The Board has dismissed the appeal for an increased rating for a cervical spine disability due to the Veteran's withdrawal of his appeal. The remaining issues have been remanded, including service connection and TDIU.

The Board has granted the Veteran's claims for service connection for a cervical spine disability, bilateral upper extremity radiculopathy, an acquired psychiatric disorder, and tension headaches as secondary to his service-connected disabilities.

The Veteran's cervical spine condition with visual impairment claim is being remanded due to the failure to appear for a VA examination. The Veteran will be given another opportunity to provide evidence and undergo an examination.

The Board has determined that the Veteran's claims for cervical spine disability, bilateral shoulder disability, bilateral arm disability, bilateral hand disability, and bilateral upper extremity radiculopathy are not supported by evidence of a nexus to service. The VA examiners found no direct link between these conditions and active duty.

The Veteran's service connection claims for insomnia, PTSD, neck disability, and nosebleeds are all denied. The increased rating claim for PTSD is granted.

The Veteran's costochondritis is rated as noncompensable, with no functional impairment noted on examination. The lumbar spine disability does not meet the criteria for a higher rating due to lack of ankylosis or other disabling symptoms.,The Veteran's lumbar spine disability has been remanded for further evaluation.

The Veteran's service-connected disabilities have potentially increased in severity, and current examinations are needed to accurately assess the current level of severity. Additionally, the issue of entitlement to TDIU prior to November 9, 2020 is inextricably intertwined with the increased rating claims on appeal.

The appeal for an earlier effective date prior to March 26, 2009, for the grant of service connection for cervical spondylosis with minor canal stenosis and minor cord compression with degenerative arthritis is dismissed. The Veteran's claim for a higher disability rating for his neck disability remains pending. His eligibility for special monthly compensation based on aid and attendance or housebound status is also pending.

The Board has remanded the Veteran's claims for service connection for a neck disability and bilateral knee disabilities due to inadequate examination. The Veteran is seeking increased ratings for his bilateral hearing loss.

The Board has remanded the Veteran's claims for service connection for back and neck disabilities, as well as bilateral shoulder disabilities. The AOJ is instructed to obtain all relevant medical records from Brooke Army Medical Center and provide addendum opinions addressing the nature and etiology of these conditions.

The Board has remanded the Veteran's claims for lumbar spine disability, cervical spine disability, left shoulder disability, and non-ischemic cardiomyopathy due to inadequate VA medical opinions in previous decisions. The Veteran is required to provide additional addendum VA medical opinions that consider his lay statements regarding symptoms and continuity of symptomatology.

The Board has remanded the Veteran's claims for increased ratings for cervical radiculopathy and carpal tunnel syndrome in both upper extremities due to inadequate reasons and bases provided in the January 2021 decision. The case is now pending for further examination and rating.