Neck / cervical spine decisions — 2022

The Veteran's skin disorder, cervical spine disability, RUE radiculopathy disability, and LUE radiculopathy disability are not service-connected. The Board found that the additional disabilities were not proximately caused by VA carelessness, negligence, or lack of proper skill.

The Board has remanded the claim for a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) due to incomplete information regarding the Veteran's employment and income.

The Board has decided to remand the case due to incomplete service records, and the Veteran's cervical spine disability is still under consideration for service connection.

The Board has granted service connection for neck disability, right shoulder disability, and left shoulder disability. The claim of entitlement to service connection for bilateral hearing loss is remanded due to inadequate medical opinion. The issue of individual unemployability (TDIU) is also remanded.

The Veteran's hypertension was granted service connection. The cases of rheumatoid arthritis, gouty arthritis, cervical spine disorder, penis deformity and loss of erectile power, and benign prostatic hypertrophy are all remanded for further development.

The Veteran's appeals for service connection and increased ratings have been dismissed due to his withdrawal of the appeal.

The Board has dismissed the Veteran's appeals for earlier effective dates and service connection claims due to a lack of a valid Notice of Disagreement filed by the Veteran or his representative.

The Veteran's appeals for higher disability ratings for cervical spine disability and LUE radiculopathy have been dismissed as the VA Form 10182 submitted did not clearly identify specific issues to appeal.

The Veteran's cervical spine and lumbar spine disabilities are granted service connection. Service connection for Chiari malformation, type I is remanded due to the need for additional medical opinion.

The Board has decided to remand the claims of service connection for a cervical spine disorder and TDIU due to the need for additional development, including an examination.

The Veteran's appeal is remanded for the VA to attempt to obtain medical records from Dr. Choi at Garden Way, as requested in his November 2021 VA examination.

The Veteran's claims for service connection have been reopened, and the Board has granted service connection for PTSD, headaches as secondary to a psychiatric disability, skin disability, chronic sinusitis, GERD, tinnitus, and hypertension. The claim for blood in stool is denied. The Board has also remanded several issues related to the Veteran's disabilities.

The Veteran's skin disorder, lumbar and cervical disorders are remanded for additional examination and evidence collection to determine their etiology. The Board finds the Veteran competent to describe his in-service incidents and continues symptoms.

The Board has granted service connection for a lumbar spine disability on the basis that it is secondary to the Veteran's service-connected right knee disability. However, the cervical spine disability was denied as there is no causal relationship between the service-connected right knee disability and the cervical spine disability.

The Board has granted service connection for unspecified depressive disorder and right upper extremity cervical radulopathy, finding that the evidence is approximately evenly balanced as to whether these disabilities began during active service.

The Board has granted service connection for COPD, bilateral hearing loss, tinnitus, and degenerative arthritis of the cervical spine. The claims are based on direct evidence rather than a presumption or secondary to another condition.

The Board has decided to remand the cases due to inadequate VA examinations and need for additional development, including obtaining new VA examinations to assess the current severity of the Veteran's cervical spine and left meralgia paresthetica.

The Veteran's cervical spine disability and cardiovascular disability were denied service connection. The Veteran was granted a 70% initial rating for his psychiatric disability prior to May 22, 2020.,TDIU benefits were also granted prior to May 22, 2020.

The Veteran's service-connected disabilities did not render him so helpless as to need regular aid and attendance or bedridden, thus denying entitlement to special monthly compensation based on the need for aid and attendance or housebound status.

The Veteran's service-connected disabilities prevent her from securing or following a substantially gainful occupation, but only beginning December 16, 2020. TDIU is granted for this period.