Neck / cervical spine decisions — 2022

The Board has remanded the Veteran's claims for low back disability, neck disability, and sleep apnea to secure additional medical opinions addressing their etiology.

The Board has granted service connection for tinnitus but has remanded the issue of service connection for a cervical spine disability due to insufficient medical opinions.

The Board has remanded the claim for service connection of a cervical spine disorder due to incomplete development and lack of rationale in the previous VA medical opinion. The Veteran's active duty includes service during the Gulf War Era, but the examiner did not provide sufficient explanation regarding whether his condition is related to environmental exposures or direct service.

The Board has remanded the case due to insufficient opinions regarding whether the Veteran's cervical spine disorder is caused or aggravated by his service-connected left shoulder status post subluxation and right shoulder arthritis.

The Veteran's claims for hypertension and an acquired psychiatric disorder have been reopened, with the latter being recharacterized as a claim of service connection for an acquired psychiatric disability to include anxiety, depression, and PTSD. Service connection has been granted for tinnitus.,Service connection is remanded for various conditions including hypertension, an acquired psychiatric disorder (anxiety, depression, PTSD), sleep apnea, prostate disability due to contaminated water at Camp Lejeune, a skin condition of the stomach, head disability (headaches), coronary artery disease, strokes, enlarged kidney due to contaminated water at Camp Lejeune, both hands locking up, gout of the right and left foot, knot under the right cheek, sea sickness, and sleep disorder.

The Board denied the Veteran's claims for compensation under 38 U.S.C. § 1151 and a temporary total evaluation based on hospitalization or convalescence due to his cervical spine surgeries, finding that there was no evidence of carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA.

The Board has remanded the case for further development, including a determination on the character of discharge from service and readjudication of all issues on appeal. The decision is not binding on other VA policies or interpretations.

The Veteran's service-connected disabilities, including back and neck conditions, bilateral foot problems, and a mental health condition, render him unable to maintain gainful employment. The Board has granted the TDIU.

The Veteran's claims for increased evaluations of his thoracolumbar spine and cervical spine conditions were denied. The thoracolumbar spine was rated at 20 percent from May 25, 2021, and the cervical spine was rated at 30 percent from April 13, 2022.

The Veteran's cervical spine spondylosis is granted as service connected.,The Veteran's lumbar spine degenerative joint disease is granted as service connected.

A disability rating of 20 percent, and not higher, for cervical spine degenerative disc disease with intervertebral disc syndrome is granted.,For the initial rating period on appeal from October 24, 2012 to November 14, 2021, a higher rating of 40 percent for right upper extremity radiculopathy is granted.,For the entire initial rating period on appeal from October 24, 2012, a disability rating in excess of 40 percent for right upper extremity radiculopathy is denied.,For the entire initial rating period on appeal from March 23, 2015, a higher initial disability rating in excess of 30 percent for left upper extremity radiculopathy is denied.

The Board has determined that additional development is needed for the Veteran's claims of service connection for spinal stenosis and a rating increase for his degenerative disc disease with IVDS and lumbar retrolisthesis. The case will be remanded to allow for further examination and opinion.

The Board has remanded the case due to insufficient medical opinions regarding the relationship between the Veteran's cervical spine disability and his military service. The case will be returned for further development.

The Veteran's hypertension claim is denied as there is no evidence of diastolic pressure predominantly 100 mm/Hg or more, systolic pressure predominantly 160 mm/Hg or more, or a history of diastolic pressure predominantly 100 mm/Hg or more requiring continuous medication for control.,The Veteran's knee disabilities and radiculopathy claims are remanded as the effective date prior to November 28, 2014, is not established in the record.,The Veteran's hypothyroidism claim is remanded as there is no evidence of a compensable rating for PSVT.,The Veteran's cervical spine and thoracic/lumbar spine claims are remanded as there is no evidence of entitlement to an increased rating.

The Board has determined that the Veteran's claims for service connection are remanded due to a lack of VA examinations and outstanding treatment records. The Veteran is also being asked to provide releases for any correctional facilities where he was incarcerated, as these records may contain relevant information.

The Veteran's claim for an effective date earlier than January 13, 2014 for the award of service connection for impairment of the upper radicular group of the right upper extremity, impairment of the sciatic nerve of the right lower extremity, and impairment of the sciatic nerve of the left lower extremity was granted.,The Veteran's claim for an effective date earlier than February 25, 2013 for a 20 percent rating for degenerative disc disease of the cervical spine was granted.

The Veteran withdrew her claims for service connection for a neck / cervical spine disability, hypertension, and Vertigo / Meniere's Syndrome disabilities. As such, these claims are dismissed.

The Board denied service connection for right shoulder, left shoulder, neck/cervical spine, and back/spine disabilities. The Veteran's STRs were unremarkable for complaints of these conditions.,Service connection was not granted as the earliest clinical evidence of current symptoms is more than a decade after separation from service.

The Board has remanded several issues related to service connection and evaluations for various conditions, including a right shoulder disorder, cervical spine disorder, lumbosacral strain with degenerative joint disease, sciatica of the left lower extremity, and sciatica of the right lower extremity. The remand requires addendum VA medical opinions on the etiology of these conditions.

The Board has found that there was not substantial compliance with its remand directives and has therefore ordered the claims for service connection for neck and hip disabilities to be remanded for further development.