Neck / cervical spine decisions — 2022

The Veteran's service-connected amputation of the distal phalanx of the fifth digit and crush injury of the fourth digit of the left hand is found to be aggravated by his arthritis in the left hand, which is granted as secondary to this service-connected condition.

The Board has decided to remand the claims for service connection and temporary total evaluation due to inadequate rationale in the previous VA opinion. The neck disability is being examined again to determine if it is secondary to the service-connected back disability, with consideration of any increase in disability.

Effective October 11, 1986, service connection for cervical spine degenerative arthritis is granted.,From May 11, 2007, an initial rating of 20 percent for left upper extremity radiculopathy is granted as secondary to service-connected lumbosacral strain.,From May 11, 2007, an initial rating of 20 percent for right knee osteoarthritis is granted as secondary to service-connected lumbosacral strain.,The Veteran's claim for compensation under 38 U.S.C. § 1151 for right knee impairment is dismissed.

The Board has denied service connection for cervical and lumbar spine disabilities, finding that the evidence does not support a link between these conditions and active duty service.

The Veteran is entitled to an effective date of June 19, 2006 for SMC based on aid and attendance due to his service-connected disabilities that require regular aid and assistance.

The Veteran's claim for a clothing allowance based on the use of a right foot orthotic device was denied because there is no record of him using such an orthotic in 2020 or 2021.

The Board denied service connection for back and neck disabilities, finding that the evidence did not support a link between these conditions and service.

The Veteran's claims for increased ratings and service connection were denied. The cervical disability was found not to warrant a rating in excess of 10 percent, while the short-term memory loss, fatigue, headache, respiratory, and right ear hearing loss disabilities were not supported by evidence meeting the criteria for service connection.

The Veteran's claim to reopen service connection for bilateral knee disability has been granted. The Board has remanded the issues of service connection for cervical spine disability, left hand disability, and sleep disability (including sleep apnea) due to lack of medical evidence on these claims.

The Veteran's claims for service connection for neck and back disabilities have been granted. The Board has also remanded the issues of service connection for left and right knee disabilities, as well as a rating in excess of 50 percent for PTSD.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence in the July 2018 VA examination report and an incorrect request for a rework of that report. The claims will be reconsidered with new evidence and a different examiner.

The Board has remanded the Veteran's claims for service connection for a cervical spine condition and bilateral pes planus due to lack of substantial compliance with previous remand instructions.

The Board has granted service connection for a low back disability. The remaining issues on appeal are remanded due to the need for additional development and examination.

The Board has remanded the Veteran's claims for service connection due to inadequate medical opinions and further development is required.

The Veteran's claims for increased rating and TDIU are being remanded due to the need for additional medical development, including a retrospective opinion on the severity of his service-connected cervical spine disability.

The Board has remanded the claims for service connection for lumbar and cervical spine disorders, as secondary to a service-connected left knee disability due to lack of compliance with prior remand directives.

The Veteran's service-connected lumbar spine disability and cervical spine disability were denied higher ratings.,Radiculopathy in the upper and lower extremities, as well as femoral nerve paralysis and external cutaneous nerve paralysis of the lower extremity, were also denied higher ratings.

The Board denied the Veteran's claim for a TDIU prior to January 31, 2011, finding that his service-connected conditions did not prevent him from securing and following substantially gainful employment.

The Veteran's cervical spine DDD was rated at 10 percent prior to February 14, 2011 and at 20 percent from that date onward. The right knee patellofemoral pain syndrome (RKPFS) was rated at 10 percent prior to February 14, 2011 and at 30 percent from that date onward.,The Veteran's cervical spine DDD remains rated at 20 percent from February 14, 2011 onward. The right knee RKPFS was remanded for further development.

The Veteran's initial claim for a higher rating for cervical spine disability was denied due to failure to report for an examination scheduled in conjunction with the claim.,The Veteran's current service-connected cervical spine disability does not meet the criteria for a compensable rating.