Neck / cervical spine decisions — 2022

The Veteran's service connection claim for a cervical spine disorder was granted. The appeal seeking an increased disability rating for bilateral hearing loss is dismissed. The claims for lumbar spine disorder, RLE sciatica, and right hip disorder are remanded.

The Board has remanded several issues related to the Veteran's service connection claims, including for pseudofolliculitis barbae, right and left knee disabilities, bilateral foot disability, migraine headaches, psychiatric disability, hypertension, stomach disability (acid reflux), cervical spine disability, low back disability, sleep apnea, hemorrhoids, surgical scar on lower back, neurological disability of the left lower extremity, and neurological disability of the right lower extremity. Additional development is required to obtain updated VA medical treatment records and properly executed releases for any private care providers who have treated the Veteran.

The Veteran withdrew his appeals for service connection for a cervical spine disability and right arm radiculopathy.

The Veteran's claim for increased ratings for degenerative arthritis of the cervical spine was denied. The initial rating prior to September 10, 2021, is still denied as his range of motion did not meet the criteria for a higher rating. A rating in excess of 20 percent on or after September 10, 2021, is also denied due to lack of evidence showing forward flexion of the cervical spine at 15 degrees or less.

The Board denied the Veteran's claim for service connection for degenerative disc disease, cervical spine due to a lack of evidence showing it was incurred or aggravated by military service.

The Veteran's claims of service connection for various conditions were denied, and the Board found that no earlier effective dates could be granted.,Issues related to asthma, COPD, heart condition, hemorrhoids, peripheral neuropathy, wrist condition, thumb fracture, lower extremity radiculopathy, upper extremity radiculopathy, forearm/elbow condition, and other conditions were also remanded for further development.

The Board has determined that additional development is necessary to properly adjudicate the claims for service connection due to missing VA treatment records from shortly after the Veteran's discharge. The Veteran's disabilities are being remanded for further examination and review.

The Veteran's tension headaches were granted a rating of 30 percent effective April 12, 2016. The Board found that the Veteran had characteristic prostrating attacks occurring at least once a month for the entire appeal period.,Service connection for neck disability was remanded as there is insufficient evidence to determine if it is related to service or service-connected conditions.

The Veteran's left shoulder, right shoulder, thoracolumbar spine, cervical spine, and right knee disorders are all granted service connection. The Veteran's bilateral hearing loss and tinnitus were not caused by National Guard duty.

The Veteran's appeals for sleep apnea, hemorrhoids, and Raynaud's disease were dismissed as withdrawn. The claims of service connection for prostate condition (including elevated PSA and enlargement), lumbar spine disability, pulmonary fibrosis, interstitial lung disease, and cervical spine disability are reopened.

The Veteran's service-connected lumbar spine disability and other conditions have not prevented him from securing or following a substantial gainful occupation during the period in question.

The Veteran's tinnitus is granted as service connected. The issues of service connection for bilateral hearing loss and cervical spine disorder are remanded.

The Veteran's claim for service connection for a respiratory condition, including ILD, has been granted subject to controlling regulations applicable to the payment of monetary benefits.,The Veteran's claim for secondary service connection for cervical spine disability is remanded.

The Board has dismissed all appeals regarding the Veteran's service-connected disabilities, including ratings and service connection claims.

The Board has remanded the Veteran's claims for bilateral hearing loss, tinnitus, left shoulder condition, headache condition, cervical spine condition, lumbar strain, and right knee condition due to insufficient evidence of service connection. The Veteran contends these conditions are related to his military service.

The Board has remanded the claims for service connection due to new and material evidence having been received, but further development is needed before a final determination can be made.

The Board has remanded the case due to a need for an addendum opinion regarding whether the Veteran's service-connected disabilities render him in need of regular aid and attendance.

The Veteran's hypertension requires medication for continuous control and warrants a 10 percent rating. The Board has granted a higher 10 percent rating, but remanded due to worsening symptoms. Service connection claims are also remanded for VA opinions on the etiologies of back disability, neck disability, hearing loss, sleep apnea, prostate cancer, and PTSD.

The Board has determined that additional development is needed to ensure the Veteran's and his attorney representative are properly informed of requests for evidence, and to obtain any outstanding records. The claims will be remanded for further action.

The Board has determined that additional development is needed for the Veteran's claims of increased ratings for cervical spine and bilateral upper extremity radiculopathy, as well as his claim for TDIU prior to October 25, 2016. These matters are being remanded.