Neck / cervical spine decisions — 2022

The Board has remanded the case due to inadequate opinions regarding the Veteran's cervical strain and its relationship to service, particularly his service-connected lower spine scoliosis.

The Veteran's entitlement to a 50 percent rating for residuals of head injury (headaches) prior to December 9, 2019 is granted. The Veteran's entitlement to an initial rating in excess of 30 percent for residuals of head injury (headaches) and to an initial rating in excess of 10 percent for a lumbar spine disability prior to December 11, 2017 are denied. The cervical spine disability issue is remanded.

The Veteran's right and left lower extremity diabetic peripheral neuropathy of the sciatic nerve disabilities are each rated at 10 percent prior to September 11, 2019 and increased to 40 percent thereafter. The Veteran's Dengue fever residuals including cervical and inguinal area ancillary lymphadenopathy remain noncompensable.,The Veteran's right and left lower extremity diabetic peripheral neuropathy of the sciatic nerve disabilities are each rated at 10 percent prior to September 11, 2019 and increased to 40 percent thereafter. The Veteran's Dengue fever residuals including cervical and inguinal area ancillary lymphadenopathy remain noncompensable.

The Veteran's service-connected cervical spine disability is rated at 10 percent prior to December 12, 2018, and at 20 percent beginning December 12, 2018. The Board finds that a new VA examination is necessary due to the Veteran's reports of worsening symptoms since his last VA examination in 2018.

The Board has remanded the Veteran's claims for service connection due to his low back, neck, knee disabilities and hypertension. The examination is required for all conditions.

The Board has determined that the Veteran's claims for higher evaluations of his service-connected right knee, left knee, and cervical spine disabilities require additional development due to new evidence received since the April 2021 Supplemental Statement of the Case.

The Veteran's low back and neck disabilities are granted, with a 20% rating for the low back prior to September 5, 2017. Service connection is also established for both conditions.

The Board has remanded the case due to insufficient information regarding the vaccinations given in service and the etiology of the Veteran's left arm disabilities, including carpal tunnel syndrome.

The Veteran's claim for service connection for a migraine headache disability was reopened and granted. The claims for cervical spine disability and stomach condition (including GERD) related to contaminated water at Camp Lejeune are remanded.

The Board has remanded the Veteran's claims for service connection due to insufficient medical opinions and lack of supporting evidence. The Veteran is required to provide additional treatment records from Dr. H.C. at the Whitaker Clinic of UAB, and a new medical opinion must be obtained regarding his sinus condition, cervical spine disability, bilateral knee, shoulder, hip, and ankle disabilities.

The Veteran's appeals for service connection for diabetes mellitus, Type II and vertigo have been dismissed.,The appeal seeking an earlier effective date for radiculopathy of the left upper extremity has also been dismissed.,The appeal seeking an earlier effective date for the ascending aortic aneurysm was not granted as there is no evidence showing it occurred prior to May 18, 2015.,The appeals for increased ratings for lumbar spine disability, cervical spine disability, and pes planus have also been dismissed due to lack of evidence showing they occurred within one year before the date of claim.

The Board dismissed the appeal for service connection of a neck disability due to withdrawal by the Veteran's representative.,The Board remanded the claims for service connection of bilateral ankle and knee disabilities due to new evidence received since final rating decisions.

The Board has determined that the Veteran's current back disabilities, including thoracic spine, cervical spine, and lumbar spine conditions, are not related to service. The evidence does not support a finding of in-service injury or chronic problems.

The Board has remanded the case due to insufficient evidence and procedural issues, including missing VA treatment records and a lack of adequate medical opinions.

The Board has determined that additional development is needed for the issues of increased evaluations for service-connected TBI and cervical spine disability, as well as the issue of a total disability rating based on individual unemployability (TDIU). The case will be returned to the Board after completion of this development.

The Veteran's cervical spine disability, lumbar spine degenerative disc disease, tinnitus, and bilateral hearing loss are all found to have originated during active service.,New evidence has been submitted that supports the claim for each of these conditions.

The Veteran's claims for service connection for disabilities of the thoracolumbar and cervical spine segments were granted. The appeal regarding the propriety of recoupment of special separation benefits (SSBs) by withholding VA disability compensation benefits is remanded.

The Board has denied service connection for bilateral hearing loss, psychiatric disability (to include PTSD), hyperlipidemia, cervical spine disability, thoracolumbar spine disability, cervical radiculopathy of the upper extremities, and lumbar radiculopathy of the lower extremities. The evidence does not meet the criteria for a current disability in each case.

The Veteran's claims for higher initial ratings for cervical spine disability, lumbar spine disability, and left lower extremity radiculopathy of the sciatic nerve prior to December 6, 2013 were denied. The Board found that the Veteran did not meet the criteria for a higher rating under the applicable VA regulations.

The Board has remanded the Veteran's claims for service connection due to incomplete records and unresolved issues regarding his disabilities. The claims will be reviewed again with additional evidence and examinations.