Neck / cervical spine decisions — 2022

The Board has remanded the claims for bilateral hearing loss, tinnitus, cervical spine disability, low back disability, left arm disability, right knee disability, left knee disability, hemorrhoids, and skin disability (pseudofolliculitis barbae) due to incomplete records.

The Veteran's cervical spine condition is granted as secondary to service-connected dorsolumbar strain. The thoracolumbar strain disability, already service connected, is also granted. Service connection for migraine headaches is granted based on their relationship to the service-connected disabilities.

The Board has decided to remand the Veteran's claim for a higher rating for his cervical spine disability due to insufficient information in the most recent VA examination report, particularly regarding the point at which pain causes loss of motion and the extent of functional impairment during flare-ups.

The Board denied service connection for an acquired psychiatric disorder, to include PTSD; a neck disability; a left shoulder disability; and degenerative joint disease of the left knee. The evidence did not support the finding that these conditions had their onset during service or were otherwise related to service.

The Board has remanded the claims for additional development due to a lack of notification regarding scheduled VA examinations.

The Board has found the medical opinions insufficient for adjudicating the service connection claims and has ordered additional examinations to address all raised theories of service connection, including those related to herbicide exposure.

The Board has remanded the claims for cervical spine disability and acquired psychiatric disability due to concerns about proper notice of VA examinations.

The Veteran's service-connected left shoulder strain is granted. The initial rating for his TBI with dizziness and unspecified depressive disorder remains at 40 percent, but the initial rating for headaches is increased to 50 percent. His ratings for bilateral knee ITB syndrome remain denied.

The Board has denied the Veteran's claims for service connection for cervical spine, left knee, and right knee disorders due to a failure to appear for a VA examination.,There is no evidence of record supporting direct service connection for these conditions.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development, including obtaining VA treatment records since March 2020 and scheduling VA examinations.

The Board denied service connection for migraines, cervical spine disorder, and upper arm burns.,Specifically, the Veteran's migraines were found to have preexisted her service. The VA examiner opined that there was no evidence of aggravation during service.

The Veteran's claim for service connection for hypercholesterolemia is denied as it does not represent a disability in and of itself.,The Veteran's claims for increased ratings for lumbar strain with spondylosis prior to October 22, 2019 and hypertension are remanded due to inadequate examination and the need for additional medical opinions.,The Veteran's claim for service connection for a skin disability is remanded as there is insufficient evidence regarding its relationship to in-service events.,The Veteran's claims for service connection for diabetes mellitus, type II (DMII) and psychiatric disorder are remanded due to inadequate examination and the need for additional medical opinions.,The Veteran's claim for service connection for a cervical spine disability is remanded as there is insufficient evidence regarding its relationship to in-service events.,The Veteran's claims for service connection for sleep apnea and erectile dysfunction are remanded due to inadequate examination and the need for additional medical opinions.,The Veteran's claim for secondary service connection for erectile dysfunction as secondary to lumbar spine disability is remanded.

Service connection is granted for cervical spine disorder (including degenerative arthritis) and lumbar spine disorder (including degenerative arthritis).,Service connection is denied for a neurological disorder of the right lower extremity as secondary to service-connected lumbar spine disorder.,Left ear hearing loss does not meet the criteria for a compensable rating.

The Board has determined that the Veteran's claims for increased ratings and service connection are remanded due to incomplete medical examinations and lack of consideration of lay statements.

The Board has remanded the claims for increased ratings for bilateral knee and cervical spine disabilities due to outstanding VA examinations. The Veteran must be afforded additional VA examinations.

The Board has determined that the Veteran's claims for cervical, lumbar, bilateral shoulder, and bilateral elbow disabilities are remanded due to insufficient medical opinions addressing his theories of entitlement.

The Board has remanded the Veteran's claims for an evaluation in excess of 20 percent for intervertebral disc syndrome with degenerative arthritis of the cervical spine on an extraschedular basis and entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities. The case is being returned to the RO for further development.

The Board has remanded the claims for cervical spine, bilateral shoulder, right knee, and lumbar spine disabilities due to inadequate medical opinions in previous decisions. The Veteran's statements regarding injuries during service are considered.

The Board has remanded the Veteran's claims for additional development due to inadequate medical opinions regarding the severity of his cervical spine disability and associated bilateral upper extremity radiculopathy prior to January 8, 2020.

The Board has granted service connection for a lumbar spine disability, including degenerative joint disease (DJD), finding that the Veteran's current back disability is related to his active duty service.