Neck / cervical spine decisions — 2022

The Veteran's service-connected cervical strain and lumbar strain have been granted earlier effective dates of July 9, 2010.,Service connection for a left shoulder disability has been granted. The Board finds the evidence is in relative equipoise as to whether the Veteran's current left shoulder rotator cuff issues and degenerative joint disease are due to repetitive-use injuries during active service.,The Veteran's service-connected right hip, right thigh, left ankle, and right ankle disabilities have been remanded for clarification of the July 2021 private opinion regarding obesity as an intermediate step. The examiner must provide a rationale addressing whether the Veteran's service-connected disabilities caused or aggravated his obesity, and if so, whether the obesity was a substantial factor in causing the claimed bilateral ankle, right hip, or right thigh conditions.,The Veteran's service-connected left hand disability has been remanded for an opinion on secondary service connection. The examiner must address both causation and aggravation to be deemed adequate. If aggravation is found, the examiner should attempt to quantify the degree of additional disability resulting from the aggravation.

The Board has remanded the Veteran's claims of service connection for right shoulder disorder, cervical condition, and hypertension due to a procedural issue with the docketing of his appeal under the legacy review system.

The Veteran's cervical spine disability is rated at 20 percent prior to January 23, 2018 and 10 percent thereafter. The Veteran's gastritis with hiatal hernia is rated at 10 percent prior to May 19, 2022.,The Veteran's TDIU claim for the period before January 23, 2018 remains pending.

The Board has determined that the claims for increased ratings of cervical spine degenerative disc disease and left upper extremity radiculopathy are inextricably intertwined with the claim for increased rating of a cervical spine disability. Therefore, these claims must be remanded to obtain an addendum opinion addressing the severity of the Veteran's service-connected cervical spine disability.

The Board has remanded the Veteran's claims for service connection and increased rating for various disabilities, including cervical spine, right shoulder, left knee, and right ankle conditions. The issues are related to whether these conditions were caused or worsened by his military service.

The Veteran's right little finger disability is granted service connection as it is presumed to have occurred during his military service. The low back and neck disabilities are denied as there is no evidence they began during or were caused by his military service. The foot disability (pes planus and plantar fasciitis) is also denied, with the examiner concluding it is more likely due to advancing age rather than being aggravated by his service-connected left knee disability.

The Board has remanded the claims for cervical spine and low back disabilities due to insufficient medical opinions regarding their etiology. The Veteran's service records indicate he was injured in-service, which may be relevant to his current conditions.

The Veteran's cervical spine disability is granted a 20 percent rating, but no higher, for the period prior to June 20, 2018. A rating in excess of 20 percent is denied.

The Board has remanded the Veteran's claims of service connection for left knee and neck disabilities due to lack of substantial compliance with previous remand directives.

The Veteran's cervical spine disability, left arm radiculopathy, right arm radiculopathy, and neurogenic bladder disability are all granted with specific ratings. The effective date for service connection of the left arm radiculopathy is set at August 19, 2015.

The Board has remanded the Veteran's claims for service connection due to an administrative error in submitting a modernized review system form instead of a legacy one. The Veteran must file a timely VA Form 9 if he wishes to continue his appeal.

The Board denied the Veteran's claim for service connection of his cervical spine disability as secondary to his service-connected lumbar spine, bilateral foot, and right knee disabilities due to insufficient evidence supporting a causal relationship between these conditions.

The Board denied service connection for neck pain, diagnosed as arthritis of the cervical spine and OSA. The evidence did not establish a direct relationship to service or a service-connected condition.

The Board has granted service connection for the Veteran's neck disability, including degenerative arthritis, cervical stenosis, cervical fusion with residual pain, and left upper extremity radiculopathy. Service connection was also granted for chronic lumbar strain.

The Board denied service connection for the Veteran's lumbar spine disability, including scoliosis and muscle spasms, as well as his cervical spine disability, which was claimed to be secondary to his lumbar spine disability. The Board found that there was no evidence of aggravation beyond natural progression during service.

The Board has remanded the case for additional development, including a VA examination to address the Veteran's cervical spine disability and bilateral hearing loss. The issues of service connection, rating for DJD, and TDIU are also being remanded.

A rating of 30 percent for the entire appeal period prior to May 5, 2021 for cervical degenerative disc disease (DDD) with intervertebral disc syndrome (IVDS) and stenosis is granted.,A separate rating for radiculopathy of the left upper extremity (LUE) prior to September 21, 2021 is granted.

The Board has determined that the VA examinations and opinions are inadequate to address the Veteran's claims for service connection for an acquired psychiatric disorder and a neck disability. The Board is remanding these matters for further development, including obtaining new examinations and addressing all of the Veteran's contentions.

The Board denied service connection for bilateral hearing loss, tinnitus, and cervical spine disability due to lack of evidence showing a nexus between these conditions and the Veteran's military service.,Service connection was not granted as there is no credible evidence linking the current disabilities to service.

The Veteran's claims for increased ratings and TDIU are being remanded due to the failure to report for a VA examination. The issues include cervical spine disability, which is currently rated as 10%, 20%, and 30% prior to September 25, 2016, from September 25, 2016, to June 24, 2020, and thereafter. The Veteran's TDIU claim for the period before August 11, 2020, is also being remanded due to unclear employment history.