Neck / cervical spine decisions — 2022

The Board has remanded the claims for service connection due to missing records from the Orlando and Tampa VAMCs. The hypertension claim is also pending as it may be related to the other conditions.

The Veteran's lumbar spine disability and cervical spine disability have been granted an effective date of January 3, 2018.

The Veteran's cervical degenerative disease is found to be related to his service, and he is granted service connection.

The Veteran's claim for an increased rating for cervical spine disability was denied, and his claim for TDIU from October 26, 2020 forward was also denied. The decision found that the Veteran did not meet criteria for a higher rating based on his degenerative arthritis of the cervical spine, and there were no incapacitating episodes requiring bedrest.

The Veteran's service-connected disabilities render him incapable of securing or following a substantially gainful occupation, and the Board has granted entitlement to TDIU. The issues regarding cervical discectomy scar, lumbar spine degenerative arthritis, cervical spine discectomy, left lower extremity radiculopathy, and right lower extremity radiculopathy are all remanded for further examination.

The Board has remanded the claims for service connection for a low back disability, cervical spine disability (to include as secondary to a low back disability), left lower extremity radiculopathy, and right lower extremity radiculopathy due to insufficient information in previous opinions. A supplemental opinion is needed to address the Veteran's reports of self-treatment after discharge.

The Veteran's claims for depressive disorder, sleep apnea, and growths on the lips and tongue have been granted. The Veteran's claims for an acquired psychiatric disorder (other than a depressive disorder and a generalized anxiety disorder), dental problems with receding gums, cervical spine condition, and lumbar spine condition are still pending.

The Board has dismissed the Veteran's appeals for increased evaluations of his service-connected disabilities and for SMC based on need for aid and attendance or housebound status.

The Board denied service connection for left shoulder, right shoulder, cervical spine, lumbar spine (claimed as scoliosis), left knee, and right knee disabilities. The Veteran's claim of deviated septum was also denied.,Service connection was not granted for any of the claimed conditions due to lack of evidence linking them to active service.

The Board denied an earlier effective date for the award of special monthly compensation (SMC) based on need for aid and attendance due to service-connected cervical spondylosis and lumbar spine arthritis, finding that prior to January 30, 2018, there was no evidence showing the Veteran needed regular aid and attendance.

The Board has remanded the Veteran's claims for additional development due to inconsistencies in evidence and need for clarification of certain findings. The issues include service connection for chronic fatigue syndrome, initial ratings for cervical spine DJD and lumbar DDD, and an increased rating for gout.

The Board has remanded the cases for further development due to deficiencies in the VA examinations and other issues.

The Veteran's persistent depressive disorder is rated at 70 percent, effective from the date of this decision. The Board has remanded his claims for service connection for other disabilities due to lack of evidence in the record.

The Board has determined that the VA examinations were inadequate to adjudicate the issue on appeal and requires additional development, including obtaining an addendum medical opinion.

The Veteran's claims for service connection for right and left knee disabilities, right and left shoulder disabilities, and neck disabilities have been remanded due to the need for additional medical examination.

The Veteran's claim for a rating in excess of 30 percent for pelvic endometriosis is denied.,The Veteran's claims for service connection for bilateral hearing loss and tinnitus are denied.,The Veteran's claim for service connection for Graves' disease, colitis, cervical spine/neck disability, back disability, left shoulder disability, right shoulder disability, left lower leg/shin disability, and right lower leg/shin disability is remanded for further development.

The Veteran's TDIU claim is remanded for extraschedular consideration prior to August 11, 2020 due to her service-connected psychiatric disorder and other disabilities.

The Board has decided to remand the cases for further evaluation due to procedural issues and lack of compliance with prior instructions.

The Board has remanded the case due to insufficient medical opinion regarding the etiology of the Veteran's neck disability. The Veteran and his daughter testified about their experiences, but a definitive link between service and current condition is needed.

The Veteran's right upper extremity radiculopathy and cervical spine degenerative disc syndrome were granted initial disability ratings. The Veteran received a 40% rating for his right upper extremity radiculopathy, effective from the date of the decision.