Neck / cervical spine decisions — 2022

The Board has determined that the claims for compensation under 38 U.S.C. § 1151, service connection for a cervical spine disability and hemangioma of the spine, as well as entitlement to a temporary total rating based on convalescence following cervical spine surgery must be remanded due to lack of substantial compliance with previous Board directives.

The Board has remanded the claims for cervical spine disability, right and left upper extremity radiculopathy due to outstanding development needs.

The Board has remanded the case due to inadequate examination and a need for a VA opinion regarding service connection for neck disability.

The Veteran's hypertension is not caused or aggravated by his service-connected left lower extremity radiculopathy. The Board has also remanded the issues of service connection for a right leg condition, cervical spine condition, sleep apnea, and hand conditions due to incomplete medical opinions.

The Veteran's right knee disability is currently rated at 10 percent, which does not meet the criteria for a higher rating under VA regulations.,The Veteran's thoracolumbar spine disability is currently rated at 10 percent, which does not meet the criteria for a higher rating under VA regulations.

The Veteran's service-connected disabilities, including PTSD, have precluded him from obtaining and maintaining substantially gainful employment prior to July 20, 2021. However, he was employed as a forklift operator in a protected environment until July 20, 2021.

The Veteran's service connection claims for degenerative arthritis of the cervical spine and right upper extremity cervical radiculopathy, secondary to his cervical spine disability, are granted. The claim for an increased rating for deviated septum with residuals of broken nose is remanded.

The Veteran's neck disabilities, diagnosed as a cervical strain and degenerative arthritis of the cervical spine, are granted service connection. The low back and left knee disability issues have been remanded.

The Board has ordered a remand for further evaluation of the Veteran's cervical strain and cervical spine disability, including additional range of motion testing and consideration of functional ankylosis. The Board also directed that neurological complications be evaluated.

The Board has decided to remand the Veteran's claims for service connection for cervical and lumbar spine disorders due to a lack of VA examination, and requests that new evidence be obtained.

Your appeal has been dismissed because the VA granted service connection for your neck disorder, which is now a full grant of the benefit sought.

The Veteran's claims for service connection and increased rating have been dismissed due to his death. The Board has no jurisdiction to adjudicate the merits of these claims as he passed away during the appeal process.

The Veteran's claims for service connection and increased ratings have been dismissed. The Board also remanded several issues, including service connection for an acquired psychiatric disability, right upper extremity neurologic impairment (left hand numbness), left upper extremity neurologic impairment (left hand numbness), and a total disability rating based on individual unemployability.

The Board has granted an effective date of October 27, 2010 for the award of SMC based on aid and attendance. The Veteran's need for regular assistance due to his service-connected disabilities was established from that date.

The Board has remanded the claims for service connection for low back disability, cervical spine disability, CAD, bilateral hearing loss, and tinnitus due to the Veteran's inability to attend VA examinations due to cancer treatment.

The Board has decided to remand two issues: one regarding service connection for a cervical spine condition related to the Veteran's lumbar spine condition, and another regarding the rating of his degenerative arthritis of the lumbar spine. Both issues require further examination and opinion from VA examiners.

The Veteran's appeals for higher ratings and earlier effective dates have been withdrawn.,The reduction of the disability rating for thoracolumbar myofascial strain with IVDS from 40 percent to 20 percent was improper, and the rating is restored. The issues regarding TDIU, headaches, cervical myofascial strain, thoracolumbar myofascial strain, radiculopathy of the right upper extremity and bilateral lower extremities, bilateral shoulders, and bilateral hands are remanded for further action.

The Veteran's appeal includes multiple issues related to his service-connected conditions, including left rotator cuff tendinosis, gastroesophageal reflux disease (GERD), lumbar strain disability, cervical spine strain, and right foot hammer toes. The Board has identified discrepancies in the effective dates for GERD ratings and requests additional information from VA examiners who provided opinions and examination reports.

The Board has remanded the Veteran's claims for cervical spine disability and PTSD due to a lack of VA examination. The issues are inextricably intertwined, so both must be addressed together.

The Board has remanded the claims for service connection for right and left knee disabilities, as well as a cervical spine disability resulting in paralysis. Additional evidence from private medical sources must be obtained before further action can be taken.