Neck / cervical spine decisions — 2022

The Board denied service connection for a cervical spine disability and right upper extremity radiculopathy, finding that the Veteran's current conditions are not related to his military service.,Service connection was also denied for left upper extremity radiculopathy due to lack of evidence.

The Board has remanded the claims for service connection and rating determinations for various musculoskeletal disabilities, including right knee disability, lumbar strain, cervical strain, and left knee internal derangement and chondromalacia. Additional VA clinical documentation from a hospitalization report is relevant to these claims.

The Veteran's neck condition, left ankle condition, and hemorrhoids have all been granted service connection. The neck condition was reopened after new evidence was submitted.

The Veteran's cervical radiculopathy of the upper extremities has been rated at 30 percent for the left upper extremity and 40 percent for the right upper extremity. The Board finds that higher ratings are warranted, but remands are necessary to obtain private treatment records and to afford a new VA examination.

The Board has determined that the VA examinations requested in January 2019 have not been conducted and therefore, these issues are being remanded for further action.

The Board has granted service connection for thoracic spine degenerative disc disease with osteophyte formation and facet joint and ligament flavum hypertrophy, but the appeal for cervical spine disability remains pending.

The Veteran's cervical strain is granted a 30% rating effective May 16, 2022.,A separate 30% rating for right upper extremity ulnar neuropathy is also granted.

The Board has denied the Veteran's claims for service connection for bilateral hearing loss, neck/cervical spine disability, left elbow disability, and bilateral foot disability as there is no evidence of a current disability or a link to service.

The Veteran's appeal to establish increased ratings for right hip strain is dismissed. The claim of service connection for bruxism, secondary to temporomandibular joint dysfunction, is granted. The appeals regarding the initial disability rating for bilateral pes planus with plantar fasciitis and right elbow strain are remanded due to need for updated VA examinations. The appeal for service connection for PTSD is also remanded due to need for corroborating evidence of a stressor event.

The Board has remanded the Veteran's claims for increased ratings for his service-connected lumbar and cervical spine disabilities, as well as his now service-connected radiculopathies of the femoral and sciatic nerves of the right and left lower extremities. The VA is instructed to obtain relevant treatment records from chiropractors and physical therapists, conduct additional examinations, and readjudicate the claims.

The Board has reopened the Veteran's claims for service connection for sleep apnea and hypertension, but denied all other issues due to lack of evidence or failure to meet the criteria for service connection.

The Veteran's claims for service connection have been reopened and are granted. Service connection is established for tinnitus, an acquired psychiatric disorder (depressive disorder), bilateral hands and feet disabilities, bilateral knees disabilities, hypertension, back, neck, hips, shoulders, legs, left shoulder condition, right shoulder arthritis, left-hand condition, right-hand condition, back condition, left hip condition, right hip condition, left knee condition, right knee condition, right leg condition, left leg condition, left foot condition, and right foot condition.

The Veteran's initial rating for lumbosacral spine strain is denied as his symptoms do not meet the criteria for a higher than 10 percent disability rating. Service connection for neck disability, considered secondary to service-connected conditions, is also denied.

The Veteran's initial rating for heart disease is denied. Service connection for a cervical spine disability and GERD are remanded due to the need for additional development.

The Board has remanded the claims for service connection due to new evidence added after the October 2017 SOC. The Veteran's representative will decide whether to waive initial AOJ consideration of this additional evidence.

The Veteran's diagnosed sinusitis and allergic rhinitis are presumed to be related to his exposure to fine particulate matter during service in the Southwest Asia theater of operations during the Persian Gulf War. Service connection for these conditions is granted.

The Board has remanded the cases for further development and examination to determine if the Veteran's current neck, upper back, and headaches are related to his service or a service-connected disability.

The Veteran's claims for service connection and increased rating were denied. The claim to reopen the low back disorder was not successful, while her cervical spine disability remains rated at 20 percent.

The Veteran's cervical spine, right knee, and left knee degenerative arthritis have been granted service connection. Service connection for the right upper extremity (carpal tunnel syndrome) and left upper extremity (carpal tunnel syndrome) neurological disabilities is also granted.

The Veteran's cervical spine condition and lumbago (claimed as a thoracic and lumbar condition) are granted service connection. The Veteran's bilateral hearing loss is remanded for further examination, and the right rotator cuff syndrome and right ankle condition are also remanded.