Neck / cervical spine decisions — 2022

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) for the period from February 13, 2011 to March 29, 2012 due to insufficient evidence showing that his service-connected cervical and lumbosacral spine disabilities rendered him unable to secure or follow substantially gainful employment.

The Veteran's claims for service connection for a left knee disability and sacroiliac joint dysfunction have been granted. The claim for cervical neck disability is remanded, as are the requests for increased ratings for right knee and right hip disabilities.

The Veteran's cervical spine disability and radiculopathies were granted increased ratings, with the cervical spine disability receiving a 20% rating prior to April 1, 2022, and a 30% rating since then. The right upper extremity radiculopathy received a 40% rating since April 1, 2022, and the left upper extremity radiculopathy received a 30% rating since that date. TDIU was also granted.

The Veteran's appeal for service connection for myofascial spastic pain disorder was dismissed because the claim was granted in full, with service connection now established for lumbosacral strain associated with degenerative arthritis and myofascial pain syndrome, as well as cervical strain associated with degenerative arthritis and myofascial pain syndrome.

The Board has granted service connection for a cervical spine disorder and remanded the issues of service connection for allergic rhinitis and sleep apnea, as well as their relationship to each other.

The Veteran's degenerative arthritis of the cervical spine is granted as service connected due to an in-service motor vehicle accident.

The Veteran requested to withdraw his appeal regarding the cervical spine and right shoulder conditions, so the Board dismissed these issues.

The Board has remanded the Veteran's claims for an increased rating and TDIU due to a duty to assist error in the previous VA examination, which did not adequately consider all of the Veteran's symptomology associated with his cervical spine disability. The issues are also considered inextricably intertwined.

The Board has remanded the Veteran's claims for an increased rating for cervical spine degenerative disc/joint disease and TDIU based on a single service-connected disability for purposes of special monthly compensation (SMC) pursuant to 38 U.S.C. § 1114(s).

The Board denied service connection for cervical spine, thoracic spine, and right shoulder disabilities due to a lack of evidence showing in-service incurrence or aggravation of these conditions. The Veteran's current conditions are considered to be the result of normal aging processes.

The Board has remanded the case due to the need for a VA examination to determine if the Veteran's cervical spine disability is proximately caused or aggravated by his service-connected right ankle and lumbar spine disabilities.

The Veteran's lumbar spine degenerative disc disease and recurrent cervical strain have been granted service connection, with a rating of 40% for the lumbar disability and denied for a higher rating for the cervical disability. The Veteran has also been awarded Total Disability Rating due to Individual Unemployability (TDIU) effective November 4, 2014.

The Board denied service connection for a lumbar spine disability and peripheral neuropathy of the bilateral lower extremities. Service connection was granted for fibromyalgia secondary to PTSD, but remanded for further development regarding this condition.,Service connection was not established for the Veteran's claimed conditions due to insufficient evidence linking them to his military service.

The Board has remanded the Veteran's claims for additional examinations and opinions to determine the severity of his service-connected back and neck disabilities, including whether there is evidence of functional ankylosis during flare-ups.

Service connection is granted for cervical spine disability, lumbar spine disability, and diabetes mellitus type 2.,Service connection is denied for osteoarthritis of the left hand, osteoarthritis of the right hand, and ventral hernia.

The Veteran's service-connected disabilities, including psoriasis, cervical spine disability, low back disability, radiculopathy of the bilateral upper extremities, left shoulder disability, residuals of a left fibula scar, and other conditions, have rendered him unemployable since August 23, 2013. The Board has granted TDIU benefits from that date.

The Veteran's service-connected disabilities have rendered her unable to obtain and maintain substantially gainful employment, leading to a TDIU. She also requires aid and attendance due to her service-connected conditions, resulting in SMC based on need for aid and attendance.

The Board has determined that there has not been substantial compliance with the previous remand directives and thus, the case is being returned to the RO for further development.

The Board has remanded three issues related to the Veteran's service connection claims for lumbosacral strain, cervical spine disorder, and right shoulder disorder. The fourth issue is a request for an increased rating for stenosing tenosynovitis of the right thumb.

The Board has remanded the cases due to new evidence being added to the claims file and a request for AOJ consideration of this evidence.