Neck / cervical spine decisions — 2022

The Veteran's appeal for service connection of left hip, right hip, and cervical strain (neck/upper back) disabilities has been dismissed as he withdrew his appeal prior to the decision being promulgated.

The Veteran's appeal is remanded due to the need for new VA examinations to assess her cervical strain and thoracolumbar spine conditions, as well as to obtain updated treatment records.

The Board has remanded the claims for service connection due to new evidence submitted by the appellant, and further examination is needed to determine if his current conditions are related to his in-service exposure at Fort McClellan.

The Board has remanded the case for further examination and opinion regarding whether the Veteran's cervical spine disability is caused or aggravated by his service-connected lumbosacral spine disability.

The Veteran's cervical disability, including residuals of cervical dysplasia and cervical intraepithelial neoplasia, is being remanded for additional development. The issues include service connection based on exposure to contaminated water at Camp Lejeune and antibiotics taken during an in-service pregnancy.

The Board denied a TDIU on an extraschedular basis prior to August 14, 2020 due to the Veteran's service-connected disabilities not precluding substantially gainful employment.

The Board has granted service connection for a back disability, a neck disability, and major depressive disorder as secondary to the Veteran's now service-connected back and neck disabilities. The evidence is in relative equipoise as to whether these conditions were aggravated by service.

The Board has remanded the Veteran's claims for service connection due to incomplete service treatment records and outstanding VA, non-VA, and Social Security Administration records. The issues of entitlement to service connection for a heart disability, respiratory disability, neck disability, low back disability, peripheral nerve disability, and acquired psychiatric disorder are all being remanded.

The Veteran's cervical spine disorder is currently rated at 30 percent from May 6, 2021. The Board finds that the evidence does not support a higher rating for any period during the appeal.

The Veteran is granted entitlement to TDIU as of April 11, 2017 and from August 1, 2015 to April 10, 2017. The claim for TDIU prior to August 1, 2015 is denied.

The appeal for service connection for a recurrent cervical spine disability is dismissed.,The appeal for service connection for a recurrent skin disability to include pseudofolliculitis barbae is dismissed.,The appeal for service connection for left ear hearing loss is dismissed.,The appeal for service connection for tinnitus is dismissed.

The Board has remanded the claims for service connection due to insufficient examination reports and conflicting evidence in the record. The Veteran's neck and back disabilities are being examined again, as well as his disability manifested by chest pains, shortness of breath, and difficulty breathing.

The Veteran's appeal is remanded for further evaluation of several service-connected conditions, including recurrent leg and sleep disabilities. The Board also notes that the combined rating for all service-connected disabilities has not yet reached a level sufficient to warrant a TDIU.

The Board has granted service connection for a cervical spine disability, but denied service connection for an acquired psychiatric condition. The decision is mixed as it grants one claim and denies another.

The Board has denied service connection for cervical and lumbar spine disabilities, as well as the Veteran's claim for a TDIU due to her service-connected conditions. The evidence does not support a finding of direct service connection for these conditions.

The Veteran's cervical spine disability is rated at 30 percent since December 23, 2019. The earlier effective date of May 1, 2015 for the 30 percent rating assigned for degenerative arthritis of the cervical spine has been granted.,The Veteran's left and right shoulder disabilities are each currently rated at 20 percent since the appeal period began on May 1, 2015. The initial ratings in excess of these percentages have not been met.

The appeal was dismissed due to the Veteran's death.

The Veteran's cervical spine disability, including IVDS and degenerative arthritis, is rated at 20 percent from August 1, 2014 to August 3, 2017.,Cervical radiculopathy of the left upper extremity was granted a separate 30 percent rating effective August 15, 2020. The right upper extremity received a separate 40 percent rating from that date.,Fibromyalgia is rated at its maximum schedular rating (30 percent) throughout the appeal period.

The Board denied service connection for a cervical spine disability, finding no evidence that the Veteran's current condition was related to his military service or secondary to his service-connected lumbar spine disability.

The Board has remanded the claims for service connection and TDIU prior to August 2, 2016 due to procedural issues with the March 2019 VA examination report. The SSOC must consider this new evidence.