Neck / cervical spine decisions — 2022

The Veteran's claim for increased ratings and effective date adjustments related to his cervical spine disability have been denied. The current rating of 60 percent for the cervical spine disability is effective from July 1, 2019.

The Veteran's depressive disorder was granted an initial rating of 100 percent effective May 13, 2021.,A 70 percent rating for the Veteran's depressive disorder from May 29, 2012 to May 12, 2021 is granted.

The Board has remanded the cases for further development due to inadequate retrospective medical opinions regarding the Veteran's cervical spine disability and TDIU claim.

The Board has remanded the Veteran's claims for additional development due to new evidence and outstanding records. The issues of service connection, special monthly compensation (SMC), and education benefits are being deferred until the service connection issues are resolved.

The Board has remanded the claims of service connection for obesity, left shoulder disability, lumbar disability, and bilateral hearing loss. The cervical neck disorder and TBI residuals are also addressed as new issues to be resolved.

The Veteran's claim for service connection for residuals of a TBI and cervical spine disability has been reopened, and the Board finds that these conditions are related to his in-service injuries. The Veteran's PTSD is also being remanded for further development.,Service connection for the Veteran's lumbar spine disability is also remanded due to outstanding SSA records and potential combat service confirmation.

The Board denied the Veteran's claims for service connection for various disabilities, finding no evidence to support a link between these conditions and his active military service.

The Board has remanded the Veteran's claims for additional development due to incomplete examinations and failure to address critical evaluation criteria.

The Veteran's claim for bilateral hearing loss is denied as there is no evidence of current hearing loss.,The Veteran's appendectomy scar does not meet the criteria for a compensable disability rating under VA regulations.,The Veteran's TBI, PTSD, and related conditions are remanded due to missing service treatment records.,The Veteran's lumbosacral strain and thoracic/lumbar spine arthritis, cervical spine disability, tinnitus, fibromyalgia, migraine headaches, chronic fatigue syndrome (CFS), and psychiatric disorder are all remanded for further development.,The Veteran's right foot disability, left foot disability, right ankle disability, and left ankle disability are also remanded due to missing service treatment records.

The Board has granted service connection for cervical spine spondylosis with fusion and chronic back condition as secondary to the Veteran's service-connected left knee disability.

The Board has remanded the cases for further development and clarification of the Veteran's claims, particularly regarding his right knee disability and cervical spine disability.

The Board has decided that the Veteran's bilateral hearing loss is service connected. The back disability issue was remanded due to inadequate medical opinion.

The Veteran's claims for service connection on appeal have been remanded due to the need for additional development and examination. The issues of entitlement to service connection for various disabilities, including tinnitus, vertigo (claimed as dizziness and unbalance), an acquired psychiatric disorder (depression), memory loss, erectile dysfunction, cervical spine disability, left upper extremity disability, right upper extremity disability, left lower extremity disability, right lower extremity disability, left knee arthralgia, and right knee arthralgia are still pending.

The Veteran's claim for a TDIU prior to February 3, 2020 was denied as he has not provided the necessary information and there is no indication in the record that he was unable to secure or follow a substantially gainful occupation due to his service-connected disabilities. The claim for a TDIU since February 3, 2020, was dismissed as moot because he had a combined schedular rating of 100%.

The Board has reopened the Veteran's claim of service connection for a lumbar spine disability and remanded the issues of service connection for cervical spine and bladder disorders. The case is being returned to the RO for further development.

The Veteran's cervical spine surgery is not service connected. The Board has remanded the cases for further examination and rating considerations due to the Veteran's assertions of worsening symptoms.

The Veteran's claim for total disability based on individual unemployability (TDIU) was denied because he did not submit the necessary VA Form 21-8940, and there is insufficient evidence to determine his employment status.

The Board has decided to remand the case due to the Veteran not receiving a VA examination scheduled for January 2022. The Veteran's current mailing address needs to be verified and he should be provided with an appropriate VA examination.

The Veteran's service connection claims for various musculoskeletal conditions have been granted, including bilateral foot disorder, right hand disorder, cervical spine disorder, thoracic and lumbar spine disorder, right shoulder disorder, and left shoulder disorder.

The Board has determined that the VA examiner's opinion is inadequate and remands the case for a new examination to address the Veteran's lay statements of neck pain since service.