Neck / cervical spine decisions — 2022

The Board has remanded the case due to inadequacy of the December 2019 VA examiner's opinion and in order to ensure compliance with the duty to assist. The Veteran's neck disability will be evaluated again, considering his credible statements regarding continuity of symptomatology since service.

The Board has remanded the Veteran's claims for increased ratings for cervical spine, lumbar spine, and tension headaches disabilities due to additional relevant evidence submitted after the March 2017 statement of the case.

The Board has determined that new and material evidence has been submitted to reopen the claims for service connection for psychiatric, cervical spine, ulcer, right upper extremity (carpal tunnel syndrome), left upper extremity (carpal tunnel syndrome), right lower extremity (tarsal tunnel syndrome), and left lower extremity (tarsal tunnel syndrome) disabilities. These claims are being remanded to obtain additional medical opinions regarding the etiology of these conditions.

The Veteran's cervical spine limitation of motion, right upper extremity radiculopathy, and left upper extremity radiculopathy have been granted initial disability ratings. The effective date for the left upper extremity radiculopathy is set at November 29, 2010.

The Veteran's cervical strain and DJD of the lumbar spine are not service-connected, as they are less likely than not caused by or aggravated by active service.,Service connection for right shoulder DJD is also remanded.

The Veteran's claim for a higher rating for his cervical spine disability was denied, while the appeal to restore his 50% rating for adjustment disorder with depressed mood was granted.

The Veteran's initial rating for a cervical strain (neck disability) is denied as the evidence does not support a finding of limited forward flexion or ankylosis.,The Veteran's initial rating for lumbar spondylosis (back disability) is denied as the evidence does not support a finding of limited forward flexion or ankylosis.

The Veteran's appeal for increased ratings on multiple conditions has been dismissed.,No effective date was granted or changed.

The Veteran's claim for service connection for cervical spine DDD is granted. The Board also remanded the claims for hypertension, left upper extremity neuropathy, right upper extremity neuropathy, left lower extremity neuropathy, and right lower extremity neuropathy.

The Board has denied service connection for bilateral hearing loss due to lack of current disability. The issues of service connection for left shoulder, low back, and cervical spine conditions as well as sleep apnea are remanded for additional development.

The Board has determined that the Veteran's current lumbar and cervical spine disabilities are related to his active service, specifically his parachute jumps therein. As a result, the claims for service connection have been granted.

The Veteran's claim for a jaw condition was withdrawn by the appellant prior to the Board making a decision.,The Veteran's previously denied left shoulder disability claim has been reopened due to new and material evidence.

The Board has remanded the claims of service connection for right eye disability, arthritis, and neck disability due to inadequate opinions from the VA examiners. The Veteran needs new medical opinions addressing whether these conditions are related to his active service.

The Veteran's sleep apnea is granted as service-connected.,The Veteran's neck disability, right lower extremity radiculopathy, left lower extremity radiculopathy, right upper extremity radiculopathy, and left upper extremity radiculopathy are all granted with a 40 percent rating each.,The Veteran's neck disability is remanded for further evaluation.,The Veteran's right lower extremity radiculopathy is remanded for further evaluation.,The Veteran's left lower extremity radiculopathy is remanded for further evaluation.,The Veteran's right upper extremity radiculopathy and left upper extremity radiculopathy are both remanded for further evaluation.

The Board has remanded the Veteran's claims for hypertension and cervical spine disorder due to in-service exposure, as there is insufficient evidence to determine their etiology. The Veteran will need a VA examination to clarify these issues.

The Veteran withdrew his appeal before the Board could make a decision on any of the issues. As such, no rating or determination was made.

The Board denied service connection for a back disability, finding that the evidence did not support a link between the current condition and service. The claim was also dismissed for the neck disability as it had already been granted in a prior decision.,Service connection for a neck disability was granted in October 2021, but the issue of TDIU before January 31, 2017 is denied, and the subsequent TDIU after that date is considered moot.

The Board denied service connection for right and left shoulder disabilities, GERD, lumbar strain, right lower extremity radiculopathy, left lower extremity radiculopathy, and cervical strain.,There is no persuasive evidence that the Veteran's current shoulder or GERD conditions began during active service.

The Veteran's claims for earlier effective dates for the grants of service connection for lumbar spine disability, IBS, and cervical spine disability are dismissed as no appeal was submitted.

The Board has remanded the issues of entitlement to an initial rating higher than 10 percent for a cervical spine disability prior to December 3, 2012, and higher than 20 percent thereafter, and entitlement to a higher level of special monthly compensation (SMC) with earlier effective date.