Neck / cervical spine decisions — 2022

The Board has reopened the Veteran's claim for service connection for lumbar disc disease with spinal stenosis, L4/5. The case is remanded to obtain an addendum opinion from a VA examiner regarding the nature and etiology of the Veteran's thoracolumbar spine condition, cervical spine condition, left leg condition, and headaches.

The Board has remanded the Veteran's claims for bilateral hip arthritis, bilateral knee arthritis, bilateral ankle arthritis, bilateral foot arthritis, cervical spine arthritis, and lower back arthritis due to insufficient medical opinions and incomplete records.

The Board has determined that the VA Centralized Eligibility and Appeals Team (CEAT) decision denying eligibility for PCAFC benefits was inadequate, as it did not address whether the Veteran requires personal care services each time he completes one or more activities of daily living (ADLs). The case is being remanded to conduct an updated medical review.

The Board denied earlier effective dates for increased ratings and service connection due to the fact that entitlement arose from worsening of pre-existing disabilities, as evidenced by May 2020 disability benefits questionnaires (DBQs).,No new evidence was submitted within one year prior to the receipt of the intent to file in October 2019.

The Board has ordered a new medical opinion to determine the cause of the Veteran's neck disorder and whether a service-connected right shoulder disorder aggravated it.

The Veteran's service-connected disabilities, when considered individually, do not preclude him from engaging in gainful employment. Therefore, a TDIU is denied.

The Veteran's service-connected disabilities, including major depressive disorder with anxious distress, lumbar spine disability, painful scars of the right knee, hypertension, and other conditions, have rendered him unable to secure or follow substantially gainful employment. The Board has granted TDIU based on this finding.

The Board has remanded the Veteran's claims for service connection for lumbar spine, cervical spine, right knee, and left knee disorders due to incomplete development of records and inadequate VA medical opinions.

The Board has remanded the case due to insufficient evidence and factual disputes regarding the Veteran's service connection claim for degenerative arthritis of the cervical spine. The AOJ is instructed to obtain missing medical records and schedule a VA examination.

The Board has remanded the Veteran's claims for service connection due to insufficient medical opinions and lack of evidence regarding his in-service exposure to asbestos and herbicide agents.,Specifically, the Board requested an addendum VA opinion or examination to address whether the Veteran's BPH, cervical spine disorder, lumbar spine disorder, eye disorder, hypertension, and heart disorder are related to service.

The Board denied service connection for TBI, but granted service connection for low back and neck disabilities.,Service connection was established for low back disability due to in-service injury during ACDUTRA.

The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151 due to VA treatment, finding that there was no additional disability caused by the 1998 cervical spine surgery and that the Veteran did not suffer from any disabilities related to his spinal surgery.

The Veteran's cervical spine disability is granted a 30 percent rating for the entire initial rating period. Prior to October 7, 2020, he was granted an initial 30 percent rating for left upper extremity radiculopathy and a 40 percent rating for right upper extremity radiculopathy from that date. From July 2, 2021, his ratings were changed to 30 percent under DC 8613.

The Board has granted service connection for cervical spine arthritis and denied service connection for a sleep disorder. The case is remanded to assign an initial disability rating for the cervical spine arthritis and to determine whether TDIU should be granted.

The Veteran's cervical spine disability is rated at 30 percent effective October 8, 2022.,Service connection for depression and anxiety is granted as secondary to service-connected physical disabilities.

The Veteran's service-connected disabilities did not render him so helpless as to be in need of regular aid and attendance of another person, leading to a denial of special monthly compensation based on aid and attendance.

The Veteran's appeal for a higher rating for cervical spondylosis and arthritis status post anterior cervical discectomy and fusion was denied. The appeal for service connection for an acquired psychiatric disorder was dismissed as the benefit sought has been granted.

The Board denied an increased disability evaluation in excess of 20 percent for cervical spondylosis prior to September 9, 2018, finding that the Veteran's condition did not meet or approximate the criteria for a higher rating based on limited range of motion.

The Board has denied the Veteran's claims for service connection for cervical and lumbar spine disabilities, finding that there is no clear and unmistakable evidence to rebut the presumption of soundness on entry into service and insufficient medical opinions to establish a nexus between current spinal conditions and service.

The Board has determined that additional development is needed for the Veteran's claims of service connection for cervical spine disorder, cervical radiculopathy of the right upper extremity, cervical radiculopathy of the left upper extremity, and pseudotumor cerebri. Specifically, an addendum opinion is required regarding whether these conditions are related to service, and a medical opinion is needed to clarify if the Veteran's pseudotumor cerebri may be related to service exposures.