Neck / cervical spine decisions — 2022

The Veteran withdrew his appeal for service connection of multiple conditions, including back disability, neck disability, shoulder disabilities, knee disabilities, calf disabilities, and ankle disabilities. The appeal is dismissed as a result.

The Board has granted service connection for ischemic heart disease, a neck disability, and a right shoulder disability due to herbicide exposure during service. The Veteran's claims are based on presumptive service connection.

The Veteran's service-connected disabilities have been rated and are now at their maximum allowable levels. The Board has determined that the Veteran does not meet the criteria for higher ratings based on additional disability or incapacitating episodes.

The Board has remanded the Veteran's claims for initial ratings and increased ratings for his service-connected lumbosacral spine and cervical spine disabilities, as well as his claim for a total disability rating based on individual unemployability (TDIU). The AOJ is instructed to obtain any outstanding VA or private treatment records and undertake additional development if necessary.

The Board has granted service connection for cervical DJD status post laminectomy, secondary to the Veteran's service-connected T-11 compression fracture. Additionally, the Board has also granted a temporary total evaluation based on surgery necessitating at least one month of post-operative convalescence due to the Veteran's July 2016 cervical laminectomy.

The Board denied service connection for various disabilities, including neck/cervical spine disability, back/thoracolumbar spine disability, right elbow disability, left ankle disability, right hand numbness, scars, recurrent right ankle sprain, right foot disability, left foot disability, right kidney disorder, and left kidney disorder. The claims were based on direct service connection.

VA correctly calculated and paid retroactive compensation benefits to the Veteran for the period from November 2020 through May 2022, but denied additional retroactive payments as no VA compensation benefits were withheld beginning June 1, 2022.

The Board has found that the AOJ may have improperly calculated the amount of past-due benefits awarded in the August 2018 rating decision and resultant attorney fees. The case is being remanded for recalculation.

The Board denied the Veteran's claims for service connection for various disabilities, including back and neck conditions, peripheral neuropathy of the upper and lower extremities, hypertension, and a sleep disorder. The evidence submitted was found to be new but not relevant to the claims.

The Veteran's appeal has been withdrawn, and the Board is dismissing the case.

The Veteran's service-connected disabilities render him unable to obtain and/or maintain a substantially gainful occupation.

The Veteran's claim for bilateral hearing loss has been readjudicated due to new evidence submitted after the July 2020 denial.,Service connection for a cervical spine disability is denied as there is no evidence of an in-service injury or disease, and no current diagnosis related to service.,Service connection for LLE numbness is denied because there is no current diagnosis of numbness at any time during the appeal period.,Service connection for RLE numbness is denied due to lack of a current diagnosis of numbness at any time during the appeal period.,Service connection for LUE numbness is denied as there is no current diagnosis of numbness at any time during the appeal period.,Service connection for RUE numbness is denied because there is no current diagnosis of numbness at any time during the appeal period.

The Veteran's service connection claims for degenerative disc disease of the lumbar and cervical spine, as well as radiculopathy of the left and right lower extremities, are all granted. The conditions are found to be related to his in-service lifting injuries.

The Veteran's service-connected disabilities have rendered him unable to care for many daily personal needs and protect himself from the hazards of his daily environment without the assistance of another person, warranting SMC based on the need for regular aid and attendance.

The Board has remanded the issues of service connection for cervical spine disability, skin disability, TBI, headaches, and eye disability. The Veteran's cerebrovascular accident (blackouts) claim is also being remanded.

The Board has granted service connection for a low back disability and remanded the issue of service connection for a neck disability.

The Veteran's appeals for increased ratings and entitlement to a total disability rating based on individual unemployability (TDIU) have been dismissed due to the Veteran's attorney withdrawing from representing him in all claims before VA.

The Board has remanded the claims for service connection for various disabilities, including right hand pain, sinus disability, right knee and ankle disabilities, cervical spine disability, left foot plantar fasciitis, thyroid disability, gallbladder removal with residuals, hysterectomy, and SMC based on loss of use. The VA is instructed to obtain medical opinions addressing the etiology of these conditions in light of the Veteran's periods of active duty, ACDUTRA, and INACDUTRA.

The Board has remanded the Veteran's claims for increased ratings for his cervical spine and right knee disabilities, as well as service connection for constipation secondary to his cervical spine disability. The remand requires additional VA examinations to address functional loss due to pain during range of motion testing.

The Board has granted service connection for thoracic spine degenerative joint disease, lumbar spine degenerative disc disease, and cervical spondylosis, status post fusion surgery. The decision also vacated the July 15, 2021, Board decision which had previously denied these claims.