Neck / cervical spine decisions — 2022

The Veteran's service-connected disabilities, including PTSD, cervical spine disorder, left shoulder and radiculopathy, rhinitis, deviated septum and sinusitis, have prevented him from securing or maintaining substantially gainful employment since January 1, 2013. The Board has granted an earlier effective date of January 1, 2013 for the TDIU.

The Board has remanded the claims for service connection for bilateral hand, knee, and cervical spine injuries due to a duty to assist error. The Veteran's Reserve service includes periods of active duty for training (ACDUTRA) and inactive duty for training (INACDUTRA). A VA examination is required to determine if these conditions are related to his service.

The Board has remanded the Veteran's claims for service connection and a higher initial rating for his left shoulder disability, cervical spinal stenosis and fusion, lumbar spine disability, right knee disability, left knee disability, and right shoulder disability. The issues are inextricably intertwined with the TDIU claim.

The Board denied service connection for various conditions, including bilateral pes planus, right and left ankle arthritis, lower back arthritis, cervical spine disorder, right hip condition, left hip condition, major depression, right leg radiculopathy, right arm radiculopathy, erectile dysfunction (ED), left knee replacement, and right knee disability. The denial is based on the conclusion that these conditions did not pre-exist service or were not aggravated by service.

The Board has granted service connection for cervical, thoracic, and lumbar spine disabilities on a direct basis. Service connection for left lower extremity nerve disability is also granted as secondary to the lumbar spine disability.,Service connection for sinusitis on a presumptive basis due to exposure to particulate matter in Saudi Arabia during active duty has been established. The Board finds that service connection for left foot degenerative arthritis cannot be determined at this time.

The Board denied the Veteran's claims of service connection for diabetes mellitus, type 2; a back and/or cervical spine disorder; hypertension (all claimed as secondary to service-connected disabilities); and a right knee disorder. The reasons given were that there was no evidence showing these conditions began during or were aggravated by service or service-connected disabilities.

The Veteran's bilateral pes planus is granted an initial disability rating of 30 percent. Service connection for hypertension and degenerative arthritis of the cervical spine are granted, while service connection for degenerative arthritis of the lumbar spine, ingrown toenails, and a skin disorder are denied.

The Veteran's claims for a higher rating for cervical spine disability and TDIU prior to September 1, 2015 have been dismissed as the Veteran has withdrawn his appeals.

The Board has remanded the cases for further development and readjudication due to unresolved issues regarding effective dates and service connection determinations.

The Veteran's service-connected lower extremity and cervical radiculopathies have been granted increased ratings, with the left upper and right upper extremities receiving a 30% rating and 40% rating respectively.

The Veteran's claims for service connection for various disabilities are being remanded due to the need for additional development, including obtaining medical records and Social Security Administration (SSA) records.

The Board has granted service connection for a neck disability, finding that the Veteran's current condition is at least as likely as not related to an in-service injury of lifting a gun mount. The decision resolves doubt in favor of the Veteran.

The Veteran's appeal was denied for increased disability evaluations in various conditions, with some issues granted and others not. Service connection for a lung disorder was also established.

The Veteran's claim for an initial compensable rating for service-connected lymphoma has been denied. The evidence does not show active disease or recurrence of the condition within two years prior to his claim.,Service connection for loss of vision, attributed to secondary effects of service-connected lymphoma, is also denied. The Veteran's current eye disability is solely due to refractive error.

The Veteran's claim for PTSD has been reopened and is granted.,The Veteran's claims for bilateral hearing loss, left ankle disability, cervical spine disability, left knee disability, right knee disability, low back disability, and skin condition of the left foot have not been reopened due to lack of new and material evidence.

The Board has denied the Veteran's claim for service connection for a right ankle disability as secondary to his service-connected left ankle disability. The case is remanded for further examination and opinion regarding the Veteran's cervical spine, right shoulder, and left ankle disabilities.

The Veteran's service-connected disabilities are rated at 100%, combined. He does not meet the criteria for special monthly compensation (SMC) at the 's' rate, and his TDIU claim is dismissed as moot.

The Board has remanded several issues related to the Veteran's back and neck disabilities, including increased ratings for these conditions as well as separate ratings for headaches and radiculopathy. The VA is directed to obtain additional medical opinions regarding functional loss of the Veteran's spine during flare-ups and the ameliorative effects of medication on his range of motion.

The Veteran's appeals for service connection and increased ratings have been dismissed as he has withdrawn his appeal, indicating satisfaction with his current award.

The Board has remanded the Veteran's case for further development, including obtaining VA examinations and opinions regarding his eye disabilities, cervical spine disability, knee disabilities, and radiculopathy. The issues of service connection and initial ratings are being addressed.