Neck / cervical spine decisions — 2022

The Board has granted restoration of the reduced ratings for cervical and lumbar spine disabilities, but remanded for further development regarding increased rating claims.

The Board has decided to remand the Veteran's claims for increased ratings and service connection due to insufficient evidence and need for additional examinations.

The Board has remanded the Veteran's claims for service connection for recurrent sinusitis and cervical spine disability due to a lack of verification of his service in the Southwest Asia theater during the Persian Gulf War. The Veteran is also seeking presumptive service connection based on environmental exposures, but this claim is being remanded as well.

The Veteran's acquired psychiatric disorder, including post-traumatic stress disorder and schizoaffective disorder, depressive type; chronic sinus and allergy disability; obstructive sleep apnea (OSA); gastroesophageal reflux disease (GERD); pseudofolliculitis barbae (PFB); right foot and left foot disabilities; right knee and left knee disabilities; and cervical spine disability have been granted service connection.

The Board has found the Veteran's testimony credible and remands for further examinations to determine if his current back, hip, knee, and sciatica disabilities are related to service-connected bilateral pes planus. Additional VA medical records were obtained after the SOC was issued but not considered in the decision.

The Veteran's right knee disorder and cervical spine disorder have been reopened, but service connection for these conditions is granted. The right knee disorder was found to be related to the in-service injury, while the cervical spine disorder was not related to service.

The Board has determined that new and material evidence has been received to reopen the claims for service connection for a neck disability and post-traumatic stress disorder (PTSD). The Veteran's PTSD is related to an in-service stressor. Service connection for PTSD due to military sexual trauma (MST) is granted. However, the claim for service connection for a neck disability remains pending as it has been remanded for further examination.

The Veteran's cervical spine disorder is denied service connection, while a 30% rating for HIV-associated lipodystrophy is granted as of November 22, 2021.

The Board has remanded the Veteran's claims for service connection for hydromyelia of the cervical spine, increased evaluations for patellofemoral syndrome of both knees, and an increased evaluation for depressive disorder. The issues are being remanded to obtain additional medical opinions.

The Board has remanded the cases due to inadequate addendum opinions regarding the nature and etiology of the Veteran's left shoulder, right shoulder, and cervical spine disabilities. The examiner must provide an opinion as to whether these conditions were aggravated by service-connected knee disabilities.

The Veteran's cervical spine disability was rated at 20 percent prior to April 6, 2021, and increased to 30 percent thereafter. The claim for a higher rating remains denied.,From April 6, 2021 onwards, the Veteran's right upper extremity radiculopathy is rated at 40 percent. The claim for a higher rating remains denied.,The Veteran was granted a separate rating of 10% for tension headaches associated with his cervical spine disability.

The Board has determined that new and material evidence has been received to reopen the Veteran's claims for service connection for a lumbar spine disorder and cervical spine disorder. The cases are remanded for further development, including obtaining medical records and scheduling a VA examination.

The Board has granted service connection for cervical and lumbar spine disabilities, but remanded the claims for chronic sinusitis, an acquired psychiatric disorder (including PTSD), and sleep problems.

The Board denied the Veteran's claims of service connection for left shoulder, wrist, elbow, and cervical spine disabilities as secondary to a lumbar strain. The Board found no current disability in these conditions.

The Board has granted the Veteran's request to reopen his service connection claim for congenital cervical spinal canal stenosis, multilevel cervical spondylosis, degenerative disc disease (DDD), and facet arthropathy. The appeal is remanded due to the need for a VA examination to determine if these conditions are related to the Veteran's active duty service as a pilot.

The Board has remanded the Veteran's claims for service connection due to insufficient development and opinion regarding her cervical spine, left shoulder, bilateral knee, and headaches disabilities. The AOJ is instructed to verify her period of active duty for training or inactive duty for training, obtain any outstanding reserve service treatment records, and provide VA opinions on whether these conditions are related to her service-connected disabilities.

The Veteran's back and cervical spine disabilities are not service-connected as they did not manifest during active duty or due to a known clinical diagnosis.,Service connection for GERD is granted, with the condition having manifested during active service. The claim for chronic pain throughout the body is also granted.

The Board has granted service connection for the Veteran's claimed back, neck, and right shoulder disorders based on credible lay evidence of in-service injury and continuous symptoms since separation.

The Veteran's osteoarthritis of the cervical spine did not meet the criteria for a rating in excess of 10 percent prior to September 17, 2015.

The Veteran's claim for service connection for a back disability was reopened due to the submission of new and material evidence. The appeal is remanded for further development, including obtaining VA treatment records and scheduling an examination.