Neck / cervical spine decisions — 2022

The Board denied service connection for a cervical spine disability, finding that the Veteran's pre-existing condition was not aggravated by his active service.,The Board also denied service connection for a lumbosacral spine disability, concluding there is no evidence of an in-service injury or disease and current symptoms are not related to service.

The Board denied service connection for various conditions, finding that the evidence did not support a link between any of these conditions and active duty service.

The Board has remanded the cases for further development and consideration of all evidence, including new examinations. The issues on appeal will be reconsidered based on the newly developed evidence.

The Board has granted service connection for degenerative disc disease of the cervical and lumbosacral spine. The remaining issues, including sleep disorder, erectile dysfunction, hemorrhoids, constipation, and TDIU, are being remanded due to incomplete records.

The Veteran's claims for increased ratings for his service-connected cervical spine and thoracolumbar spine disabilities have been denied. The effective date remains the date of claim, September 11, 2013.

The Board has determined that the Veteran's appeal was timely filed, and the claim for service connection for a cervical spine disorder is granted. The reopening of the previously denied claim is also granted due to new evidence received.

Service connection for migraines has been granted, and an increased rating of 20 percent is assigned effective June 18, 2018.,An earlier effective date of June 18, 2018, but no earlier, for a total disability rating based on individual unemployability (TDIU) due to service-connected posttraumatic stress disorder has been granted.

The Veteran's TDIU claim is granted as of August 27, 2016, due to multiple service-connected disabilities preventing him from securing or maintaining substantially gainful employment.

The Board has granted service connection for cervical degenerative disc disease as due to the Veteran's service-connected lumbar strain with degenerative arthritis, finding that his current condition is more likely related to age and his service-connected lumbar strain than to active service.

The Board denied the Veteran's claims for service connection for a cervical spine disability, finding that there was no direct or secondary service connection due to lack of evidence showing an in-service injury and insufficient medical opinion supporting a link between his current condition and his service-connected lumbar spine disability.

The Board has reopened the Veteran's claims for service connection for cervical spine disability, headache/migraines, chronic fatigue syndrome, erectile dysfunction, fibromyalgia, and lumbar spine disability due to new evidence submitted since the last denial. The cases are remanded as they remain on the merits.

The Veteran's claim for an earlier effective date for a 70 percent rating for PTSD prior to April 26, 2019 was denied. The Board found that the evidence did not support an earlier effective date based on the Veteran's symptoms.,The Veteran's claim for an earlier effective date for a 30 percent rating for DDD of the cervical spine prior to April 26, 2019 was also denied. The Board found that the evidence did not show forward flexion of 15 degrees or less or favorable ankylosis of the entire cervical spine.

The Veteran's cervical spine disability is rated at 30 percent, but no higher, effective March 9, 2010. The rating is based on the criteria for limitation of motion and does not involve service connection through a presumption or reopening due to new evidence.

The Board has remanded the cases for further development and examination. The Veteran's right upper extremity radiculopathy claim is denied, while left upper extremity radiculopathy and cervical spine condition claims are remanded.

The Board has decided to remand the Veteran's claims for service connection for back and neck disabilities due to inadequate medical opinions in previous examinations. The Veteran is seeking service connection based on a 1977 motor vehicle accident during active duty.

The Veteran's initial claim for a higher rating for cervical strain prior to February 26, 2020 was denied as his range of motion did not meet the criteria for a 20% rating under DC 5237.

The Board has remanded the Veteran's claims of service connection for various conditions, including hearing loss, skin cancer, a headache disorder, GERD, and other musculoskeletal issues. The claims are being returned to VA for further development.

The Board has reopened the Veteran's claim for service connection for a spine disability, to include cervical and lumbar spine disabilities. The claims of increased ratings for left ankle and bilateral foot calluses are remanded due to lack of recent VA examinations. The issues of service connection for cervical and lumbar spine disabilities are also remanded as there is insufficient evidence on record regarding the etiology of these conditions.

The Veteran's service-connected conditions, including degenerative changes of the lumbar spine and dextroscoliosis, cervical DJD, left shoulder rotator cuff tendonitis, bilateral shoulder degenerative arthritis and DJD, bilateral upper and lower extremity radiculoapthy, plantar fasciitis and calcaneal spur, tinea corporis, and varicose veins are all granted. The Veteran's acquired psychiatric disorder is rated at 70%.