Neck / cervical spine decisions — 2022

The Veteran's bilateral hearing loss is being remanded for a VA examination. The Board has also decided to remand the claims of service connection for MSA, Parkinsonism with memory loss secondary to MSA, abducens nerve palsy secondary to MSA, autonomic disorder secondary to MSA, axonal neuropathy secondary to MSA, cognitive brain disorder secondary to MSA, cervical spine disability secondary to MSA, coordination/balance disorder secondary to MSA, dysphagic and choking secondary to MSA, fatty liver/pyelonephritis secondary to MSA, fracture rib disability secondary to coordination/balance disorder due to MSA, frontoparietal volume loss secondary to MSA, and hypertension (HTN) secondary to MSA. The claims are being remanded for further evidentiary development.

The Board has remanded the issues of service connection for migraine headaches, sinusitis, sleep apnea, bilateral knee disability, and neck disability due to the Veteran's contention that these conditions are related to his military service.

The Veteran's claim for service connection for a cervical spine disability (also claimed as a discogenic cervical and lumbar disease) is being remanded due to the need for an addendum medical opinion regarding the etiology of the condition.

The Board has vacated the denial of service connection for a neck disability due to the claim not being in appellate status at the time.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional development. The back, neck, left knee, and hip disabilities remain in appellate status.

The Veteran is granted TDIU effective July 2, 2012. Prior to that date, his service-connected disabilities did not render him unemployable.

The Board has determined that all claims for service connection are remanded due to the need for additional medical opinions regarding the etiology of the Veteran's claimed conditions.

The Board has remanded the appeals for scheduling of VA examinations to assess the current severity and functional impairment of various service-connected disabilities, including right knee osteoarthritis, left knee strain, bilateral pes planus with calcaneal spurs, right foot hallux valgus, left foot hallux valgus, cervical spine disability, lumbar spine disability, bladder dysfunction, and bowel dysfunction.

The Veteran's lumbar spine disability is rated at 20 percent prior to April 17, 2021 and denied for a rating in excess of 40 percent since that date. His cervical spine disability is also rated at 20 percent since April 17, 2021 and denied for a higher rating.

The Board has granted service connection for diabetes mellitus. The cervical spine disability claim is remanded due to a pre-decisional duty to assist error.

The Veteran's claims for increased disability ratings for his degenerative changes cervical spine with intervertebral disc syndrome and degenerative joint disease thoracolumbar spine with intervertebral disc syndrome disabilities are being remanded due to the need for additional development, including obtaining private treatment records and scheduling an examination.

The Veteran's claims for service connection for cervical and lumbar spine conditions have been remanded due to the need for additional medical opinions.

The Veteran's claim for service connection for bilateral hearing loss and thoracolumbar spine disorders has been reopened, but the claims are still pending as they have not yet been decided on their merits.

The Board has remanded the claims for further development due to lack of adequate examination documentation and scheduling issues.

The Board has found that additional development is needed to ensure all relevant records are associated with the claims file and for a retrospective medical opinion regarding the Veteran's cervical spine disability. The appeal will be remanded for these purposes.

The Veteran's thoracic and cervical spine disabilities, left knee limitations of flexion and extension, and left shoulder disability are granted effective July 12, 2010.,The Veteran's cervical spine disability is granted an effective date of December 23, 2009.

The Board has remanded the Veteran's claim for service connection for arthritis of multiple joints, including as secondary to his service-connected multilevel degenerative disc disease with degenerative joint disease of the spine and degenerative spurring of the lower extremities (knees). The case is being returned for additional development.

The Board has found that there has not been substantial compliance with the previous remand directives and thus requires another remand for additional development, including obtaining retrospective opinions on the Veteran's service-connected cervical spine, thoracolumbar spine, and right shoulder disability.

The Board has remanded the claims for service connection for right shoulder disability, neck disability, right leg disability (including degenerative joint disease of the right hip), and back disability due to the need for additional development.

The Veteran's tinnitus has been granted service connection. The Board finds the Veteran's claims for other disabilities are not supported by competent and credible evidence, necessitating further development.