Neck / cervical spine decisions — 2022

The Veteran's cervical spine disability is rated at 20 percent, but the Board denied a higher rating as it did not meet the criteria for such. The claim for TDIU prior to February 1, 2017, was also denied.

The Board has decided to remand the claims for an initial rating higher than 20 percent for DDD of the cervical spine, and for an initial-higher ratings for the service-connected left knee. The TDIU claim is also being remanded.

The Board denied the Veteran's claim for a higher disability rating for his service-connected cervical strain, finding that it did not meet the criteria for a rating in excess of 20 percent.

The Board has remanded the claims for service connection due to incomplete procedures and will proceed under the legacy appeals system.

The Board has ordered another remand due to inadequate medical opinions regarding the Veteran's cervical spine disorder and its relationship to her service-connected lumbar spine disability. The case will be reviewed again with new expert opinions on causation and aggravation.

The Board has granted a 30 percent rating for the Veteran's neck disability prior to October 17, 2018 and denied an increased rating for his back disability.

The Veteran's service-connected CML caused several disabilities, including loss of use of bilateral lower extremities (eosinophilic fasciitis), erosive esophagitis, aspiration pneumonitis, right upper and left upper extremity eosinophilic fasciitis, thoracolumbar spine eosinophilic fasciitis, cervical spine eosinophilic fasciitis, and malnutrition. Effective December 6, 2017, service connection was granted for these conditions.

The Veteran's cervical spine disability is rated at 10 percent, and the Board denied an increased rating as there was no evidence of forward flexion less than 30 degrees or other disabling conditions.

The Board has denied the Veteran's requests for earlier effective dates for the grants of service connection and increased ratings, finding that it is not factually ascertainable that his cervical strain or lumbar strain increased in severity prior to the assigned effective dates.

The Board has remanded several issues for further development, including service connection claims and a TDIU claim. The effective dates of the service connection decisions are not addressed in this decision.

The Veteran's nasal disorder, sleep apnea, neck disorder, low back disorder, bilateral lower extremity numbness (left), and left-hand disorder are all granted as service-connected.,Service connection for the right-hand disorder and facial/mouth injury is also granted.

The Veteran's service-connected disabilities, including left shoulder, right shoulder, thoracolumbar spine, cervical spine, left upper extremity radiculopathy, bilateral knee, bilateral elbow, headache, and eczema to the eyelids, ears, face, back, and forearms, are remanded for additional examinations to assess their current severity.

The Board has remanded the Veteran's claims for service connection for back and neck disabilities, as well as his right knee disability, GERD, and dysphagia. The case is being returned to the RO for further development.

The Board denied the Veteran's claim for service connection for a cervical spine disability, finding that it was not incurred or caused by his military service and is unrelated to his service-connected lumbar spine disability.

The Board has decided to remand the claims for a left shoulder condition, cervical spine condition, and lumbar spine condition due to inadequate medical opinions provided in December 2021. The VA is required to obtain new opinions from different clinicians that consider the Veteran's lay statements and provide adequate rationales.

The Board has dismissed all the appeals regarding service connection and rating for various conditions, including tinnitus, neck disability, knee and hip disabilities, ankle disability, depressive disorder with panic disorder, and back disability. The decision is due to the Veteran's death.

The Board has denied the Veteran's claim for service connection for cervical spine disability, finding no evidence to support a link between his current condition and active duty or his service-connected bilateral shoulder disability.

The Board has found that the Veteran does not have a current disability for which service connection is warranted, and therefore denied her claims. The cases are remanded for further examination and opinion.

The Board has remanded the claim for a separate compensable rating for headaches associated with cervical disc disease due to insufficient evidence regarding the frequency and severity of prostrating attacks. The Veteran's headaches are currently rated as noncompensable.

The Veteran's claims for an increased rating for cervical strain with osteoarthritis and entitlement to a total disability based on individual unemployability (TDIU) are being remanded due to the need for additional development, including scheduling of a VA examination.