Neck / cervical spine decisions — 2022

The Veteran's neck and back disabilities are currently rated at 30% and 40%, respectively. The Board has remanded the issues of separate ratings for neurological disability, increased rating for left lower extremity radiculopathy, and increased rating for paresthesias with weakness (left foot drop).,The Veteran's service-connected conditions include cervical spine traumatic arthritis and lumbar spinal traumatic arthritis.

The Veteran's claims for service connection for major depressive disorder, erectile dysfunction, cervical condition, and low back condition are granted. The case is remanded to obtain VA examinations for the cervical and low back conditions.

The Veteran requested to withdraw their appeal of the issues related to left shoulder disability, irritable bowel syndrome, depression with drug abuse, cervical spine disability, and TDIU. The Board dismissed the appeal due to the withdrawal request.

The Veteran's claim for service connection for degenerative disc disease of the thoracolumbar and cervical spine with sensory neuropathy and radiculopathy is being remanded due to insufficient medical opinions regarding etiology. The examiner needs to provide more definitive reasoning without relying solely on the absence of evidence.

The Veteran's cervical strain was previously rated at 10 percent prior to March 17, 2017 and increased to 30 percent from that date. The claim for a higher rating is REMANDED.,The Veteran's thoracic strain has been rated at 20 percent since February 26, 2021. The claim for a higher rating is also REMANDED.

The Board has remanded the case for further development regarding the Veteran's claims of service connection for cervical and lumbar spine disabilities, as well as his claim for PTSD. The issues have been returned to the RO for additional evidentiary development.,The VA examinations did not find a direct link between the Veteran's current spinal conditions and his military service.

The Board has granted service connection for residuals of cervical discectomy, a back condition (degenerative arthritis, degenerative disc disease, spinal stenosis, and residuals of lumbar laminectomy), and right foot degenerative arthritis and residuals of 3rd MTP joint surgery. The conditions are found to be related to the Veteran's service.

The Board has remanded the case due to the Veteran's failure to report for VA examinations scheduled in February, September, and November of 2022. The appeal is now pending again.

The Veteran's appeal for SMC based on need for aid and attendance is remanded due to the passage of time since his last VA examination, additional service-connected disabilities granted, and the need for a new examination.

The Board has denied the Veteran's claims for service connection for neck and back disabilities as secondary to his service-connected syringomyelia. The VA examiners concluded that there is no nexus between the Veteran's claimed conditions and his service-connected condition.

The Board has granted a TDIU on a schedular basis effective December 20, 2021. The issue of entitlement to a TDIU prior to that date is remanded due to the need for additional development.

The Board has reopened the Veteran's claims for service connection for residuals of a head injury including headaches and residuals of an upper back injury. The claims are now remanded to secure additional medical opinions.

The Veteran's claim for service connection for allergic rhinitis is granted. The claims for service connection for sinusitis, dental trauma with well restored porcelain fused to metal restorations on endodontically treated maxillary central incisors, and a neck condition are remanded due to the need for updated VA treatment records and examinations.

The Board has granted service connection for cervical spine, left shoulder, and left knee disabilities. The Veteran's current conditions are deemed to be directly related to his active military service.

The Veteran's cervical spine disability, including degenerative disc disease (DDD), is found to have its onset during active duty as a result of his duties as a fighter jet pilot. Service connection for this condition is granted.

The appeals for a rating in excess of 20 percent for left lower extremity femoral nerve radiculopathy and prior to January 30, 2021, for left lower extremity sciatic nerve radiculopathy are dismissed.,The appeal for a TDIU prior to January 30, 2021 is granted. The appeals for an effective date prior to January 30, 2021 for right upper extremity radiculopathy and a rating in excess of 40 percent on and after January 30, 2021 for left lower extremity sciatic nerve radiculopathy are remanded.

The Board has dismissed all issues related to the Veteran's death, as they do not survive their deaths.

The Veteran's claims for service connection are remanded due to the need for additional medical opinions and consideration of lay statements regarding his knee symptoms.

The Board has remanded the Veteran's claims for service connection for bilateral knee disabilities, lumbar spine disability, and cervical spine disability due to inadequate VA examinations and failure to obtain private treatment records.

The Board has remanded the claims for service connection due to insufficient medical opinions regarding the etiology of the Veteran's disabilities, particularly Arnold-Chiari Malformation (ACM) and its secondary effects on other conditions.