Neck / cervical spine decisions — 2022

The Board denied service connection for left knee, right ankle, cervical spine, lumbar spine, cephalgia, partial loss of use of upper extremities, and gout involving the left hand, knees, and ankles as there is no persuasive evidence that these conditions began during active service or are otherwise related to in-service injuries or diseases.,The Board found that the Veteran's current disabilities do not have a direct link to his military service.

The Veteran's TDIU claim was denied because he did not submit a completed VA Form 21-8940 to support his application, and there is no indication in the evidence of record that he is unable to secure or follow a substantially gainful occupation due to his service-connected disabilities.

The Veteran's heart disability is granted as service-connected. The cervical spine disability and related neurological disorders are remanded for further evaluation.

The Veteran meets the schedular criteria for a TDIU due to his service-connected disabilities, which render him unable to obtain or retain substantially gainful employment.

The Board has dismissed the appeal regarding the left knee scars and has remanded several other issues for further review.

The Board has determined that new and relevant evidence supports reopening the claims for cervical spine, lumbar spine, hemorrhoids, respiratory disorder, left ankle, and left foot disorders. These conditions are now subject to further evaluation.,The appeal as to these six issues is granted.

The Veteran's cervical spine disability is rated at 10 percent, and a separate 40 percent rating for right upper extremity radiculopathy associated with the cervical spine disability is granted from May 27, 2021.

The Board has remanded the Veteran's claims of service connection for neck, back, and right hip disabilities due to an in-service fall. Additional development is needed including obtaining VA treatment records, non-VA medical records, and National Guard STRs.

The Board has remanded the cases for further development due to incomplete verification of the Veteran's periods of active duty, active duty for training, and inactive duty for training with the Florida Air National Guard. The issues of service connection for cervical spine disability, sinus disability (including sinusitis), left ankle disability, and fatigue (including chronic fatigue syndrome) are remanded.

The Board has remanded the claims for additional development due to inadequate prior VA examinations. The Veteran's lumbar and cervical spine disabilities are being evaluated again with new evidence.

The Veteran's service-connected disabilities, including PTSD, did not render him unable to obtain and maintain a substantially gainful occupation before March 27, 2019. After that date, his non-PTSD disabilities also did not meet the criteria for TDIU.

The Board has remanded the Veteran's claims for service connection for neck disability and left upper extremity disability due to lack of adequate consideration of his lay statements and failure to address relevant medical evidence. The claims are being returned for further development.

The Veteran's thoracolumbar spine strain does not meet the criteria for a rating in excess of 20 percent.,The Veteran's cervical spine strain requires further examination to determine its current severity.

The Board denied the Veteran's claim for a total disability rating due to individual unemployability because of service-connected disabilities, finding that there is no evidence showing that his service-connected conditions prevented him from securing and maintaining substantially gainful employment.

The Board has remanded the claims for posttraumatic stress disorder, sleep apnea, right wrist carpal tunnel syndrome, left wrist carpal tunnel syndrome, and cervical spine due to procedural issues with the Notice of Disagreement form.

The Board has remanded the Veteran's claims for entitlement to service connection for a right shoulder disability and a cervical spine disability, both secondary to his service-connected multiple myeloma. The case is being returned for further development with respect to obtaining additional medical records and providing addendum opinions.

The Board has granted service connection for the Veteran's back and neck disabilities, finding that they are related to his in-service injuries. The appeal is now resolved.

The Board dismissed all appeals related to service connection for various foot and neck disabilities, as well as a claim for an increased disability rating for PTSD. The Veteran's death during the appeal process resulted in the dismissal of the case.

The Veteran's claim for service connection for an eye condition is denied.,The Veteran's claims for service connection for a left knee disability, back disability, and neck disability are remanded due to duty to assist error.

The Veteran's cervical spine DDD is granted a 40% rating from June 21, 2018. He also receives a TDIU effective June 21, 2018.