Neck / cervical spine decisions — 2022

The Board has remanded the Veteran's claims for cervical spine disability and CFS due to inadequate examination reports. The VA is instructed to secure all outstanding records, conduct new examinations, and consider the amended criteria for rating skin disabilities.

The Veteran's service-connected disabilities do not meet the criteria for SMC based on need for regular aid and attendance or at the housebound rate as he does not have anatomical loss of both feet, one hand and one foot, or blindness in both eyes with 5/200 visual acuity. Additionally, his condition is not so severe that it requires assistance from another person to attend to daily activities.

The Board has denied service connection for various conditions including bilateral hearing loss, hypertension, coronary artery disease (claimed as a heart condition), diabetes mellitus, type II, kidney disability, cervical spine disability, back disability, right hip disability, left hip disability, right shoulder disability, left shoulder disability, right elbow disability, left elbow disability, right ankle disability, left ankle disability, right foot disability, left foot disability, and right knee disability. The Board found no evidence of in-service onset or relationship to service for these conditions.

The Veteran's service-connected disabilities necessitate the need for regular aid and attendance, resulting in a grant of SMC based on A&A. The issue of entitlement to SMC based on being housebound is moot due to the greater monetary benefit provided by SMC at the A&A rate.

The Veteran's claims for service connection have been denied as new and relevant evidence has not been submitted to reopen the claims.

The Veteran's cervical spine disability and basilar artery insufficiency are currently rated at the lowest possible levels, with a 10 percent rating for a residual neck scar effective February 13, 2014. The Board denied higher ratings for these conditions.

The Board has dismissed the appeals for right and left knee disabilities. The thoracolumbar spine and cervical spine disability claims are remanded due to insufficient evidence.

The Board denied service connection for back and neck disabilities, as well as tongue cancer (claimed as throat cancer or larynx cancer), due to Agent Orange exposure. The evidence did not support a finding that these conditions were incurred in service.

The Board has remanded the Veteran's claims for an initial rating in excess of 10 percent for cervical spine disability prior to June 13, 2013 and entitlement to special monthly compensation at the housebound rate prior to that date due to incomplete records development.

The Board has remanded the claims for neck and shoulder disabilities, as well as increased ratings for lumbar spine disability and associated lower extremity radiculopathy conditions. Additional development is required to obtain SSA records and provide adequate medical opinions addressing relevant lay, medical, and SSA evidence.

The Board has remanded the Veteran's claims for service connection for various spinal and knee disabilities, as well as sleep apnea. Additional medical records are needed to support or refute his claims.

The Board has remanded the case due to issues with the rating assigned for cervical spine degenerative joint disease and upper extremity radiculopathy, including failure to address certain evidence and lack of clear criteria for assigning ratings.

The Board has remanded the Veteran's claims of service connection for cervical spine, lumbar spine, and left knee disabilities due to a 1978 motor vehicle accident. The AOJ is instructed to obtain any relevant military treatment records from an Army base in Germany where the Veteran was stationed in 1978.

The Veteran's appeals for earlier effective dates and increased ratings have been withdrawn, resulting in the dismissal of all claims.

The Veteran's left ear hearing loss, OSA, cervical spine degenerative disc disease, anosmia, and synovial cysts of the bilateral ring fingers are all found to have onset during his active duty service.,Service connection is granted for these conditions.

The Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation for the appeal period prior to October 22, 2012.

The Veteran's service-connected disabilities did not prevent him from securing or following a substantially gainful occupation as he was continually employed full-time, his earnings were above the poverty threshold, and he was not employed in a protected environment.

The Board has granted service connection for cervical disorder, right shoulder disorder, left shoulder disorder, and PTSD.

The Board has remanded the Veteran's claims for additional development due to deficiencies in prior VA examinations. The Veteran is required to provide releases for non-VA care providers and obtain any relevant records from VA.

The Veteran's service connection claims for degenerative disc disease of the lumbar and cervical spine have been granted.,Secondary service connection has also been granted for an adjustment disorder with chronic pain syndrome, as secondary to his service-connected lumbar spine disability.