Neck / cervical spine decisions — 2022

The Board has remanded the Veteran's claims for service connection for various disabilities due to improper handling of his appeal in the legacy system.

The Board has found that the Veteran's service records are incomplete and has ordered VA to obtain his treatment records from 1952 onwards. The claims for service connection remain pending as a result of this remand.

The Veteran's appeal for a higher rating for nasal bones with deviation to the right was denied. The Board found that the current condition did not meet the criteria for a rating higher than 10 percent.,The claim of service connection for hypertensive heart disease with congestive heart failure and cardiomyopathy was previously denied in May 2013, but new evidence received since then does not relate to an unestablished fact necessary to substantiate the claim. The Board did not reopen this claim as it found no material evidence.,The claim of service connection for hypertension was previously denied in February 2013 and reopened due to new evidence showing recent VA treatment, but the new evidence did not show that the condition was related to service or manifested within one year of discharge. The Board denied reopening this claim as well.,The claim of service connection for a neck disability was previously denied in May 2012 and reopened due to new evidence showing recent VA treatment, but the new evidence did not show that the condition was related to service or manifested within one year of discharge. The Board denied reopening this claim as well.

The Board has granted service connection for left knee, bilateral hip, thoracolumbar spine, and cervical spine disabilities as proximately due to the Veteran's service-connected right knee disability.

The Veteran's left lower extremity radiculopathy was granted a 20 percent rating from August 26, 2014. The Board also found the Veteran is entitled to TDIU since March 3, 2017 due to his service-connected disabilities limiting his ability to work.

The Veteran's cervical spine disability is granted as secondary to service-connected knee disabilities.,Service connection for migraine headaches is granted based on a history of head pain after tooth extraction during active service.

The Veteran's right knee instability associated with patellofemoral syndrome is granted a disability rating of 20 percent, effective August 8, 2016.,Service connection for left upper extremity radiculopathy is remanded.

The Board has remanded the Veteran's claims for service connection due to new evidence and additional development is required. The issues include bilateral leg pain, diabetes mellitus, neck disability, and loss of teeth.

The Board has remanded several issues related to the Veteran's cervical spine disability, upper extremity radiculopathy, and sleep apnea. The claims for increased ratings are inextricably intertwined with these other issues and must be addressed before a final decision can be made.

The Veteran's service-connected disabilities, including migraines, asthma, bilateral pes planus, and others, have prevented her from securing or maintaining substantially gainful employment since June 26, 2014.

The Board has determined that new evidence has been added to the record since the last decision and requires further review. The claims for initial ratings are being remanded for consideration of this additional evidence.

The Board denied service connection for cervical spine, right shoulder, left shoulder, right hip, left hip, and bilateral foot disabilities as the evidence did not establish a link between these conditions and active service.,There was no credible evidence of continuity of symptomatology since service discharge.

The Veteran's service connection claims for lumbar and cervical spine degenerative joint diseases, a peripheral vestibular condition (lightheadedness and disequilibrium), bilateral hearing loss, and tinnitus have been granted. The appeal regarding service connection for bilateral hearing loss and tinnitus is remanded.

The Board denied the Veteran's claims for service connection for his cervical spine condition and left arm condition, finding that there was no evidence of a nexus between these conditions and his active duty service.

The Board has remanded the claims for right eye disorder, spine disorder, neurological disorders of upper and lower extremities, hypertension, and erectile dysfunction due to inadequate VA examinations that did not address the Veteran's lay statements and service treatment records.

The Veteran's service-connected disabilities necessitate the need for regular aid and attendance of another person, which is granted.

The Board has determined that the Veteran's NOD was timely filed and has remanded several issues for further development. The main issues are related to increased ratings for herniated disc at L4-L5 with right lower extremity radiculopathy, status-post fracture of the pubic ramus, left, major depressive disorder with anxiety disorder, not otherwise specified, and TDIU.

The Board has remanded the Veteran's claims for right shoulder, left shoulder, right ankle, left ankle, right knee, left knee, low back, cervical spine, and acquired psychiatric disorders (including PTSD) due to a lack of VA treatment records and potential stressor verification.

The Board has remanded the case due to inadequate medical opinions and failure to comply with previous remand directives. The Veteran's cervical spine disability is being remanded for another VA examination and opinion.

The Board has decided to remand the Veteran's claims for sleep apnea and cervical spine disability due to insufficient evidence regarding their etiology. The Veteran needs to be provided with VA examinations to determine if his conditions are related to service.