Neck / cervical spine decisions — 2022

The Board denied a claim for an increased rating for cervical spine motion loss due to scars, finding that the Veteran's symptoms did not meet or more nearly approximate the criteria for a higher disability rating. The Board also denied a separate claim for swallowing difficulty related to the scar, as it found no evidence of moderate esophageal stricture.

The Board has remanded the Veteran's claims for service connection due to incomplete records and the need for further development. The issues include arthritis, hearing loss, cold weather injuries, hemorrhoids, hiatal hernia, GERD, hepatitis C, erectile dysfunction, carpal tunnel syndrome, and a psychiatric disorder.

The Board has remanded the Veteran's claims for cervical and thoracic spine disabilities due to an automobile accident in service, as there is insufficient evidence to determine if the accidents caused his current conditions. The Veteran will need a VA examination to address this issue.

The Board has remanded the claims for neck, right arm, and shoulder conditions as secondary to service-connected lower back disability due to insufficient opinions in the January 2020 VA examination.

The appeal of the TMJ disability issue is dismissed.,A 20% rating, but no higher, for cervical degenerative disc disease from April 27, 2010 to September 9, 2020 is granted. A rating in excess of 20% for cervical degenerative disc disease from September 10, 2020 to February 4, 2021 and a rating in excess of 30% since February 5, 2021 are denied.,A 20% rating, but no higher, for lumbar degenerative disc disease from October 13, 2017 to December 13, 2020 is granted. A rating in excess of 40% since February 5, 2021 is denied.,A separate 10% rating, but no higher, for left knee degenerative joint disease based on recurrent lateral instability since April 27, 2010 is granted. A rating in excess of 10% for right upper extremity radiculopathy from April 27, 2010 to August 3, 2017 and a separate 20% rating for left upper extremity radiculopathy since August 4, 2017 are granted. A rating in excess of 10% for right lower extremity radiculopathy from April 27, 2010 to August 3, 2017 and a separate 20% rating for left lower extremity radiculopathy since August 4, 2017 are denied. A 40% rating, but no higher, for right upper extremity radiculopathy from August 4, 2017 to February 4, 2021 is granted and a separate 30% rating for left upper extremity radiculopathy since August 4, 2017 is granted. A 20% rating, but no higher, for right lower extremity radiculopathy from August 4, 2017 to February 4, 2021 and a separate 20% rating for left lower extremity radiculopathy since August 4, 2017 are granted. A rating in excess of 40% for right upper extremity radiculopathy since February 5, 2021 is denied and a rating in excess of 30% for left upper extremity radiculopathy since February 5, 2021 is denied.,A separate noncompensable rating, but no higher, for erectile dysfunction since April 27, 2010 is granted. A TDIU from April 27, 2010 through August 12, 2019 is granted.

The Veteran's bunions of the bilateral little toes and neck disability have been denied service connection. The lumbosacral spine disability has resulted in an effective date of July 20, 2007 for a 20% rating.

The Board has remanded the Veteran's claims for additional examinations and medical opinions to determine the severity of his cervical spine disability, service connection for his knee disabilities, sleep apnea, cluster headaches, and acquired mental health disorder (including PTSD).

The Board has remanded the claims for service connection due to insufficient evidence regarding the Veteran's Vietnam service and VA treatment records. The Veteran is also asked to authorize release of his private primary care physician's medical records.

The Board has granted service connection for a cervical spine disability, including degenerative disease and uncovertebral hypertrophy at C7-T1. The appeal regarding sleep phase disorder was withdrawn by the Veteran.

The Board has denied service connection for various conditions, including sinusitis, lumbar spine disorder, cervical strain, radiculopathy of the left arm, cerebral palsy, arteriosclerotic heart disease, hypertension, and a left elbow disorder. The evidence does not support a finding that any of these conditions were incurred or aggravated by military service.

The application to reopen a claim of entitlement to service connection for bilateral hearing loss is denied.,New and material evidence has been received to reopen a claim of entitlement to service connection for tinnitus. The claim for service connection for tinnitus is granted.,New and material evidence has been received to reopen a claim of entitlement to service connection for cervical degenerative arthritis. The claims regarding the Veteran's cervical degenerative arthritis and low back condition are remanded for de novo review on the merits.,New and material evidence has been received to reopen a claim of entitlement to service connection for low back condition. The claims regarding the Veteran's cervical degenerative arthritis and low back condition are remanded for de novo review on the merits.,The application to reopen a claim of entitlement to service connection for right leg condition is remanded.,The application to reopen a claim of entitlement to service connection for left leg condition is remanded.

The Board has denied service connection for cervical spine, lumbar spine, shoulder, hip, knee, and ankle disabilities due to a lack of evidence linking these conditions to the Veteran's active duty military service.

The Board has dismissed all service connection claims for various hip, shoulder, and ankle conditions as well as the claim for an increased disability rating for prostate cancer. The TDIU claim was also dismissed due to the Veteran's death.

The Veteran's service connection claims for left and right upper extremity cervical radiculopathy, as well as an increased rating for cervical degenerative disc disease, were granted. The low back impairment claim was remanded.

The Veteran's appeal includes issues of service connection for various disabilities, including a back disability, hip disabilities, neck and shoulder/arm disabilities, bilateral hearing loss, PTSD, and TDIU. The Board has previously remanded several of these issues due to the need for additional development, particularly regarding in-service treatment records at Portsmouth Naval Hospital. These issues are now being remanded again.

The Veteran's low back disability and sciatic nerve pain are rated at 20 percent before May 24, 2019. From that date, the rating is increased to 40 percent for both conditions.,Neck disability was initially rated at 20 percent before May 18, 2021 and then increased to 30 percent from that date.

The Board has dismissed several claims, including those for increased ratings and reopening of service connection claims. The application to restore a disability rating of 30 percent for migraines due to TBI is remanded.

The Veteran's migraine headaches are rated at 50% effective March 29, 2018. The Board has remanded the issue of service connection for PTSD and is currently considering a TDIU claim based on his migraines and other disabilities.

The Veteran's claims for service connection for color blindness, neck disability, right ankle disability, and left shoulder disability have all been denied.,A TDIU has been granted.

The Board has granted service connection for right shoulder strain, cervical spine DDD, and lumbar spine DDD. The Veteran's current conditions are related to injuries sustained during his active duty.,Service connection is established for the Veteran's right shoulder strain, cervical spine DDD, and lumbar spine DDD as these conditions are at least as likely as not related to incidents in service.