Neck / cervical spine decisions — 2022

The Veteran's cervical spine disability and right knee disability are granted service connection. The left knee disability is remanded for further development.

The Board has remanded the Veteran's claims for service connection for lumbar spine, cervical spine, left shoulder, and non-ischemic cardiomyopathy disabilities due to inadequate compliance with previous remand directives. The addendum opinions are needed to consider the Veteran's lay statements regarding his in-service symptomatology.

The Board has decided to remand the claims for service connection for cervical spine disorder, muscle atrophy and weakness, bilateral eye disorders, and headaches due to insufficient evidence regarding whether these conditions are aggravated by service-connected disabilities.

The Veteran's cervical spine disability, claimed as a cervical fracture, is being remanded for an addendum opinion to determine if the fall at VA caused or aggravated any additional disability and whether such disability was due to carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA.

The Veteran's service-connected disabilities, including PTSD, migraines, and physical impairments of the right shoulder, knees, back, and eyes, render him unable to secure or maintain substantially gainful employment. The Board has granted a TDIU effective November 2, 2015.

The Veteran's trixaicin cream was not used in conjunction with a service-connected skin disability, thus the clothing allowance claim for 2016 is denied.

The Board has remanded the claims for hypertension, testicular hypofunction, cervical degenerative disc disease, right upper extremity cervical radiculopathy, left upper extremity cervical radiculopathy, bronchitis, emphysema, COPD, esophageal disability, and thoracolumbar degenerative disc disease due to conflicting medical opinions.

The Board has determined that the Veteran's degenerative disc disease of the cervical spine is related to his service and grants service connection for this condition.

The Veteran meets the schedular requirements for a TDIU from May 30, 2014, forward due to his service-connected disabilities. The Board finds that the combined effects of his back disability and other conditions prevent him from securing or following substantially gainful employment.

The Board has remanded the Veteran's claims for service connection for a cervical spine disability and left thigh disability, as well as his claim for an earlier effective date for TDIU due to incomplete development of the record. The AOJ is instructed to obtain additional records and provide addendum opinions addressing whether the Veteran's disabilities are related to service.

The Veteran's increased ratings for cervical spine degenerative joint disease, thoracolumbar spine degenerative joint disease, and radiculopathy of the right lower extremity with demyelinating polyneuropathy are denied. A TDIU is granted for the period from February 7, 2018, to February 6, 2022, but dismissed for the period thereafter.

The Board denied service connection for cervical and lumbar spine disorders, including arthritis, finding that the Veteran did not have a current disability or evidence of chronic symptoms in service. The Board also found no credible account of an in-service injury.,Service connection was denied as there were no in-service injuries or diseases to which the disabilities could be related.

The Veteran's hepatitis B is rated at 40 percent, and his left foot disability is granted service connection. The head injury residuals are denied, as well as the low back, neck, and bilateral hip disabilities. Service connection for an acquired psychiatric disorder is also denied.

The Veteran's left big toe spurs and hallux valgus, as well as his cardiac disorder (right bundle branch block) are granted service connection. The right upper extremity peripheral neuropathy is also granted service connection as secondary to cervical spondylosis. However, the issue of service connection for cervical spondylosis remains pending.

The Veteran's cervical spine degenerative disc disease is granted as secondary to his service-connected back disability.,Service connection for anxiety is denied because it is considered a symptom of the already service-connected PTSD.,The Board has ordered another VA examination to determine if Bell's Palsy and GERD are related to service or service-connected disabilities.,The Veteran's gastroesophageal reflux disease (GERD) is remanded for further development.

The Board has remanded the Veteran's claims for neck and left shoulder disabilities, as well as his claim for a higher rating for his right shoulder disability. The remand requires additional medical opinions to address whether these conditions were aggravated by his service-connected right shoulder disability and if so, how much they have been aggravated.

The Veteran's cervical spine disability is currently rated at 30 percent, and the Board finds that a higher rating is not warranted based on the evidence of record.

The Veteran's appeals for increased ratings of his cervical spine disability and bilateral upper extremity radiculopathies have been withdrawn. The claims for hypertension, low back disability (lumbar degenerative arthritis), right lower extremity radiculopathy, left lower extremity radiculopathy, left knee disability, and respiratory condition have all been granted.,The Veteran's service connection claims for right shoulder condition, right knee condition, left foot plantar fasciitis, and left shoulder disability are being remanded. The claim for TDIU is also being remanded.,The Veteran's GERD has been granted an initial rating of 10 percent, but no higher. His PTSD claim remains denied.

The Board has remanded the case due to an inadequate VA opinion regarding the Veteran's ability to work with his service-connected disabilities, including medication effects. The Veteran is seeking TDIU based on his low back and neck disabilities.

The Veteran's TDIU claim is being remanded due to a pre-decisional error in VA's duty to assist. The Board needs clarification on the extent of functional impairment caused by his service-connected musculoskeletal disabilities and their impact on employment.