Neck / cervical spine decisions — 2022

The Veteran's claims for service connection for bilateral pes planus, cervical spine disability, thoracolumbar spine disability, and psychiatric disorder are denied. The Veteran's claim for nonservice-connected pension is remanded due to pending SSA disability benefits application.

The Veteran's previously denied claims for cervical spine disability, lumbar spine disability, skin disability, and sleep disorder have been reopened. The appeal of these issues is granted.

The Veteran's claim for TDIU prior to November 1, 2017 was denied as he had been employed and the evidence did not show that his service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation. The claim for DEA benefits prior to November 1, 2017 was also denied due to lack of employment history provided by the Veteran.

The Board has remanded the Veteran's claims for cervical spine disorder, lumbar spine disorder, left hip disorder, right hip disorder, right knee disorder, and left knee disorder due to inadequate VA examination opinions. The Veteran is requested to provide any additional relevant medical records.

The Board has granted the Veteran's claim for service connection for a cervical spine disability, finding that his current condition is at least as likely as not related to his active-duty service.

The Board has granted a total disability rating based on individual unemployability (TDIU) for the Veteran's service-connected disabilities, effective from April 28, 2006.

The Board has remanded the case for additional development due to issues related to rating and service connection for various spinal conditions, including lumbar spine disability, cervical spine disorder, and radiculopathy. The claims are inextricably intertwined with each other.

The Veteran's service-connected conditions do not prevent her from obtaining and maintaining substantially gainful employment, as she is already in receipt of a combined 100% rating for the entire period on appeal.

The Board has remanded the Veteran's claims for service connection due to conflicting medical opinions and insufficient evidence regarding the etiology of his claimed conditions.

The Veteran's PTSD is now rated at 70 percent from October 1, 2017. The appeal for increased ratings and service connection for other conditions remains pending.

The Board has granted service connection for cervical arthritis but has remanded the issue of service connection for difficulty swallowing due to lack of clarity in medical records and need for further examination.

The Board has remanded the Veteran's claims for service connection for right shoulder, right bicep, and neck disabilities as secondary to lower extremity radiculopathy due to inadequate medical opinions regarding causation and aggravation.

The Board has determined that there were errors in the decision-making process for some of the Veteran's claims and has ordered a new examination to address these issues. The Veteran is being asked to provide more information about his cervical spine, left arm/shoulder, and bilateral foot conditions, as well as any secondary service connection claims related to his varicocelectomy.

The Veteran's right knee disorder, lower gastrointestinal disorder, and related shoulder disorders are being remanded for further evaluation due to the need for additional medical opinions. The lumbar spine disorder is also being remanded as it involves a secondary service connection claim.

The Board has remanded the Veteran's claims for lumbosacral strain, degenerative arthritis of the cervical spine, and left knee disability due to inadequate reasoning in the VA examination reports. The examiner is instructed to provide a fully reasoned opinion addressing the Veteran's service connection claims based on his competent statements regarding in-service injuries.

The Veteran's right and left shoulder acromioclavicular joint osteoarthritis are presumed related to his active-duty service.,The Veteran's neck disability, bilateral pes planus, sleep apnea, chronic hypersomnolence, chronic fatigue, chronic diarrhea, chronic memory loss, and mood disorder (due to an undiagnosed illness) may be due to exposure to environmental hazards during his Gulf War service.

The Veteran's claim for service connection for chronic fatigue syndrome has been denied. The Board found no current diagnosis of chronic fatigue syndrome and the evidence did not support a finding that it was related to his active duty service. For right leg numbness, the Veteran's claim is remanded as there is insufficient medical opinion regarding whether it is aggravated by his service-connected burns. For cervical spine condition, the Veteran's claim is also remanded for further examination and opinion.

The Board has remanded the Veteran's claims for service connection for various spinal and radiculopathy disorders due to a lack of VA examinations. The Veteran is advised that failure to report for these exams may have detrimental consequences on his pending claims.

The Veteran's service connection claim for Bell's Palsy is denied. A 40 percent rating, but no higher, is granted for a lumbar spine disability. The Veteran's cervical spine disorder and hypertension are not rated higher than the current levels. Service connection for PTSD is also denied.

The Veteran's service-connected disabilities prior to January 20, 2020 do not prevent him from obtaining or maintaining substantially gainful employment. From January 20, 2020, the Veteran has a combined schedular rating of 100 percent and TDIU cannot be granted on the basis of one service-connected disability.