Neck / cervical spine decisions — 2022

The Board has remanded the Veteran's claims of service connection for various conditions, including hypertension, testicular hypofunction, neck disability, cervical radiculopathy, esophageal disability, back disability, bronchitis, emphysema, and COPD. The issues are related to whether these conditions were caused or aggravated by his time in service.

The Veteran's cervical spine posttraumatic arthritis, right upper extremity radiculopathy, and left upper extremity radiculopathy have been granted service connection. The Veteran's lumbar spine degenerative disc disease has not met the criteria for a rating in excess of 40 percent.

The Veteran's COPD is currently rated as 10 percent disabling, but the evidence does not meet the criteria for a higher rating.,The Board found that the Veteran's service-connected disabilities do not render him unable to obtain or maintain substantially gainful employment.

The Veteran's combined service-connected disabilities, including PTSD with anxiety and depression, left shoulder strain, cervical strain, and other conditions, rendered him unable to secure or maintain substantially gainful employment from November 25, 2009, to February 9, 2011. The Board granted a TDIU on an extraschedular basis for this period.

The Board has determined that the VA examinations and opinions provided do not sufficiently address the Veteran's claims for service connection, particularly regarding whether her current disabilities are related to in-service events or conditions. The issues have been remanded once again.

The Board has remanded the case due to inadequate opinions and procedural issues. A new secondary service connection opinion is needed based on accurate factual history, including consideration of all Veteran's service-connected disabilities.

The Board has decided to remand the cases for further development due to non-compliance with previous directives. The Veteran's claims for thoracolumbar and cervical spine conditions are still under review.

The Veteran's bilateral foot disorder, cervical spine degenerative disc disease, lumbar spine degenerative disc disease, right knee chondromalacia, left knee chondromalacia (status post surgery), right ankle degenerative changes (post-fracture), right shoulder degenerative changes, and left shoulder status post resection of the left distal clavicle are all granted. Headaches and sinusitis also received initial rating grants.

A separate 20 percent disability rating is granted for left upper extremity radiculopathy, effective September 23, 2020.,The Veteran's cervical spine disorder remains at a 30 percent rating.

The Board has granted service connection for a cervical spine disorder, finding that the current condition is due to an in-service injury during ACDUTRA. The claim was reopened based on new evidence showing continuity of symptoms since service.

The Veteran's cervical dystonia and gastritis have been granted service connection. The right shoulder, left shoulder, and nervous condition claims remain denied.,Service connection for cervical dystonia is granted based on a current diagnosis and the presence of complaints during service.

The Veteran's cervical spine condition was not related to service or his service-connected back disability, and there is no service-connected condition for the upper extremity condition to be secondary to. As a result, the Veteran's claim for TDIU has been withdrawn.,Service connection for a cervical spine condition and an upper extremity condition as secondary to a cervical condition were denied due to lack of evidence supporting their relationship with service or service-connected conditions.

The Board has remanded the Veteran's claims for service connection for neck, back, and arthritis disabilities due to a lack of compliance with prior remand instructions regarding secondary service connection.

The Veteran's TDIU rating is granted from September 11, 2004, to May 17, 2012, due to his service-connected disabilities preventing him from obtaining or maintaining substantially gainful employment.

The Board has remanded the cases for further development to obtain adequate medical opinions addressing theories of direct and secondary service connection.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to incomplete development of his records, including VA treatment records from Puget Sound Health Care System, private chiropractor Dr. Vranna's records, federal employee disability retirement benefits application status, and Social Security Administration disability benefits application status.

The Board has remanded the claims for an evaluation in excess of 40 percent for service-connected lumbar strain and spondylosis, an evaluation in excess of 30 percent for service-connected cervical spondylosis, and a TDIU prior to June 1, 2009. The remand is due to the need for additional medical opinions regarding flare-ups.

The Board has denied the Veteran's claim for service connection for a cervical spine disability, finding that it is not related to his military service or secondary to his service-connected lumbar spondylosis and degenerative disc disease.

The Veteran is granted TDIU from April 22, 2016, to September 21, 2020. The right shoulder disability claim remains pending and will be remanded for further development.

The Veteran's claim for service connection for bilateral hearing loss, PTSD, hypertension, lumbar spine disability, left lower extremity radiculopathy, right lower extremity radiculopathy, right shoulder disability, right elbow disability, and right wrist disability is being remanded due to the need for additional medical examinations.,The Veteran's claim for service connection for tuberculosis is also being remanded due to the need for an examination.