Neck / cervical spine decisions — 2022

The Board has determined that the Veteran's claims for increased ratings and initial ratings are remanded due to inadequate consideration of extraschedular criteria, lack of discussion regarding marked interference with employment, and need for additional examinations. The case is being referred back to the Director of Compensation Service for further review.

The Veteran's unemployability due to his service-connected PTSD and other disabilities has been recognized, leading to the grant of special monthly compensation under 38 U.S.C. § 1114 (s)(1).

The Board has remanded the Veteran's claims for service connection for lumbosacral spine and cervical spine disabilities due to a lack of adequate rationale in previous opinions, requiring new medical evidence.

The Board has remanded the Veteran's claims for additional development due to issues with contact information and examination scheduling.

The Veteran's TDIU claim from October 2, 2003 to June 1, 2009 is granted. The claims for increased evaluations of the lumbar and cervical spine disabilities are denied.

The Veteran's appeal for service connection for a cervical spine disability is dismissed. The Board has remanded the issue of service connection for an acquired psychiatric disability, including PTSD.

The Board has remanded the issues of service connection for residuals of traumatic brain injury, headaches, seizure disorder, and bilateral eye disorder due to duty-to-assist errors.

The Veteran's appeal for an increased rating for his service-connected lumbar spine disability is dismissed. The appeals regarding the readjudication of cervical spine and fallen arches disabilities are also dismissed as no new rating decision has been issued by the RO.

The Veteran's appeal is remanded for additional examinations and opinions to address the nature and severity of his lumbar spine disability, as well as the etiology of his cervical spine disability. The TDIU claim is also remanded.

The Veteran's service-connected disabilities do not meet the percentage requirements for a schedular TDIU rating prior to September 22, 2009. The Board finds that there is insufficient evidence to substantiate a reasonable possibility that the Veteran is unemployable solely by reason of his service-connected disabilities and thus, entitlement to a TDIU rating on an extraschedular basis has been denied.

The Board denied service connection for an upper respiratory infection and cervical spine stenosis, finding no evidence of a current disability related to service or aggravation of pre-existing conditions.,The Veteran's tuberculosis was found not to be aggravated by his service. The Board also concluded that the Veteran's cervical spine stenosis is less likely than not due to service-connected disabilities.

The Board has determined that the Veteran's claims for service connection related to hypertension, hemorrhoids, sleep impairment, a swollen artery in the stomach, neck disability, right shoulder disability, right hip disability, left knee disability, and right knee disability need further examination and evaluation. The VA will obtain all relevant records and schedule the Veteran for examinations to determine if these conditions are related to his military service.

The Board has reopened the previously denied claims of service connection for back and neck disabilities, but has remanded them for further development to obtain missing service treatment records and VA medical records. The appellant is also required to undergo examination(s) to determine if his current back and/or neck disability had its inception during active duty or is otherwise causally related to disease or injury in service.

The Board has remanded the claims for service connection for cervical spine and bilateral shoulder disabilities due to incomplete compliance with previous remand directives. The Veteran's private treatment records have not been obtained, and the RO must make additional efforts to obtain these records.

The Veteran's claim for service connection for a cervical spine disability, to include as secondary to her service-connected thoracolumbar spine disability, is remanded due to the inadequacy of the May 2022 VA opinion.

The Board has remanded the claims of service connection for a neck (cervical spine) and low back (lumbar spine) disabilities due to insufficient medical opinions regarding their etiology.

The Veteran's left knee disability had its onset in service. Service connection is granted for this condition.,Service connection is remanded for the Veteran's acquired psychiatric disorder, claimed as PTSD, anxiety, and depression.

The Board has decided to remand the Veteran's claims for dizzy spells, cervical disorder, and headaches due to unclear notification of scheduled VA examinations. The Veteran is required to provide his current mailing address and cooperate by appearing for the VA examinations.

The Veteran's cervical strain was granted a 30 percent rating from September 14, 2012 to April 3, 2017. The appeal for a higher rating prior to May 24, 2019 is denied.

The Board has determined that the VA examinations did not comply with remand directives and thus the claims for service connection are being returned to the agency of original jurisdiction (AOJ) for further development.