Neck / cervical spine decisions — 2022

The Board has remanded several issues, including the claim for service connection for multiple joints arthritis and the ratings for cervical spine disability, right shoulder disability, left wrist disability, and PTSD. The Veteran's claims are being returned to the AOJ for additional development.

The Board has remanded the claims for service connection for a cervical spine disorder, as well as rating increases for various shoulder and back conditions. The remand requires providing the Veteran with information about VA examiners who conducted his examinations, obtaining an addendum medical opinion regarding the etiology of his current cervical spine/neck disabilities, and reviewing all examination reports to ensure that requested information was provided.

The Board has decided that the Veteran's cervical spine condition warrants a remand for further evaluation due to inadequate prior VA examinations.

The Board denied service connection for neck disability, back disability, bilateral hand tremors, speech disorder, and memory loss (related to PTSD). The evidence did not establish a link between these conditions and the Veteran's active duty service.

The Veteran's chronic low back disability is granted service connection. The cervical spine (neck) disability claim is remanded for further examination and opinion.

The Veteran was granted service connection for allergic rhinitis, presumptively due to service in Southwest Asia. However, the claim for cervical spine disorders was denied as there is no evidence of a chronic condition during or within one year after service.,Service connection was established for allergic rhinitis based on its presumed onset during service.

The Veteran's claims for increased ratings for cervical strain with degenerative joint disease and lumbar strain with unfused apophysis at L-4 and degenerative joint disease are being remanded due to the need for additional VA examinations.

The Board has granted service connection for left wrist CTS, low back disorder, cervical spine disorder, and bilateral knee disorders. Service connection is denied for a cervical spine disorder.

The Board has granted service connection for the Veteran's neck disability and neuropathy of the left upper extremity, finding that it is at least as likely as not that these conditions were incurred during active duty.

The Veteran's service-connected disabilities meet the schedular criteria for consideration of a TDIU from December 8, 2015. The Board found that his disabilities precluded him from engaging in substantially gainful employment due to his back and sinus conditions.

The Board has decided to remand the Veteran's claims for cervical spine disability, left upper extremity neurological disability, and right upper extremity neurological disability due to incomplete compliance with prior remand instructions.

The Board denied the Veteran's claim for a total disability rating based upon individual unemployability (TDIU) due to service-connected disabilities, finding that his service-connected conditions did not render him unable to secure and follow substantially gainful employment.

The Board has granted service connection for a neck disability and a psychiatric disability (including PTSD), finding that the Veteran's conditions are related to his active military service. The right shoulder disability issue is remanded for further examination.

The Veteran's sinusitis was granted service connection. The Board found that the Veteran's character of discharge for the period from January 2005 to October 2008 should be remanded, as well as his claims for psychiatric disorders, cervical spine disorder, lumbar spine disorder, sacroiliac weakness, bilateral knee disorder, bilateral leg shin splints, bilateral ankle disorder, bilateral hammertoes, bilateral foot disorder, hypertensive heart disease, high blood pressure, emphysema, COPD, bronchiectasis, sleep apnea, maxilla oral surgery scarring, tooth loss and periodontal disease, skin cancer, facial scarring, and hemorrhoids.

The Board has decided to remand the case due to inadequate examination and lack of authorization for private medical records. The Veteran's neck disability is related to service, but there is insufficient evidence regarding the onset or continuity of his cervical spine arthritis.

The Board denied service connection for the Veteran's claimed disabilities of the left knee, cervical spine, and left shoulder due to a lack of current disability evidence. The Board found that there was no diagnosed disease or injury in these joints during the appeal period.

The Board denied service connection for a lumbar spine disability, finding that the Veteran's current condition is not related to his military service.,The Board also denied compensation claims under 38 U.S.C. § 1151 for cervical, right shoulder, and right knee disabilities.

The Board has denied the Veteran's claims for service connection for hemorrhoids, left knee disability, right shoulder disability, cervical spine disability, gastrointestinal condition, and skin condition other than skin cancer and/or skin lesions, including tinea cruris. The evidence of record does not support a finding that any of these conditions began during or are otherwise related to the Veteran's military service.

The Board has found that additional development is needed for the Veteran's cervical spine and upper extremity radiculopathy disabilities due to assertions of worsening, as well as the fact that the Veteran did not endorse flare-ups at the May 2021 examination but has endorsed them since. The TDIU claim will also be deferred.

The Board has ordered the Veteran's claims for service connection for cervical spine, lumbar spine, bilateral shoulder acromioclavicular degeneration, and right hand disabilities to be remanded due to inadequate VA examination opinions.