Neck / cervical spine decisions — 2022

The Board has granted a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities prior to December 21, 2017.

The Veteran's appeal for a compensable rating for onychomycosis of the right and left great toes has been dismissed. The appeals for service connection regarding DDD of the cervical spine, residuals of Epstein-Barr virus, residuals of inguinal hernia repair, chronic joint damage, and heart condition are all remanded.

The Board has remanded several issues for further development, including service connection claims and rating determinations. The Veteran's claim for bilateral hip disorders and upper back or cervical spine disorder is reopened due to new evidence submitted since the last denial.

The Veteran's rating for degenerative joint disease of cervical spine was reduced from 30 percent to 20 percent in September 2016. The reduction did not result in a reduction in his overall compensation rate, so the restoration of the 30 percent rating is granted.

The Board dismissed all appeals related to service connection and increased ratings, except for the grant of a 70 percent rating for PTSD from August 30, 2013 onward. The Veteran was also granted TDIU effective January 6, 2011.

The Board has remanded several issues, including the claim for a compensable disability rating for bilateral hearing loss and the reopening of service connection claims for gastrointestinal disability (GERD) due to in-service exposure to contaminated water at Camp Lejeune. The other issues are related to service connection.

The Veteran's claim of service connection for a bilateral foot disorder is reopened, and the issues of service connection for multiple joint disorders are remanded for further evaluation.

The Board has determined that the Veteran's current cervical spine disability, including arthritis and degenerative disc disease, is etiologically related to his active service. The claim for service connection is granted.

The Board has determined that further development is needed for the Veteran's claims, including obtaining missing Social Security Administration records and providing new VA examinations to assess his cervical spine, shoulder, and sleep disorder disabilities. The Board also finds that additional medical opinions are necessary regarding the effective dates of service connection and the impact of the Veteran's disabilities on his employability.

The Board has granted service connection for a cervical spine disability with residual scarring, finding that the Veteran's current condition is at least as likely as not incurred in or caused by an in-service injury. The congenital spinal stenosis was not noted at service entrance and did not clearly and unmistakably exist prior to service entrance.

The Board denied the Veteran's claims for restoration of her previous disability rating and for a higher rating for her service-connected cervical spine arthritis. The reduction from 20% to 10% was upheld, as there was improvement in her condition. For the period after February 9, 2022, the claim for an increased rating was denied.

The Board has granted service connection for degenerative arthritis of the cervical spine, right shoulder, left shoulder, and lumbar spine conditions, finding that these conditions are related to injuries incurred during combat in Vietnam.

The Board has granted the Veteran's applications to reopen his claims for service connection for back and cervical spine disabilities. The Board found that there is a causal relationship between the current diagnoses of lumbar degenerative disc disease and cervical spine degenerative disc disease, which are related to the Veteran's in-service motor vehicle accident in November 1993.

The Veteran's cervical spine disability is rated at 30 percent, but the evidence does not show unfavorable ankylosis or IVDS with incapacitating episodes. The case is remanded for further development.

The Veteran was granted a total disability rating based on individual unemployability due to service-connected disabilities from July 19, 2006 to November 26, 2007. The criteria for TDIU were met as the Veteran's service-connected conditions prevented him from obtaining and maintaining substantially gainful employment.

The Board has decided to remand the Veteran's claims for service connection due to incomplete records and need for additional examinations. The issues of seizure disability, acquired psychiatric disorder (likely PTSD), and upper back disability are all being remanded.

The Veteran's claims for service connection for various disabilities, including bilateral hearing loss and back disability, have been remanded due to the need for additional evidence. The appeals are not granted in full.

The Veteran's claims for service connection have been reopened, but the Board has determined that additional development is needed to determine if his lumbar spine, cervical spine, knee, shoulder, and ankle disabilities are related to service.

The Board has remanded the cases for further development due to inconsistencies in how the Veteran's cervical strain and back conditions are described, as well as potential secondary service connection claims.

The Veteran's cervical spine disability, left and right upper extremity radiculopathy, and back disability are all granted. The Veteran is also remanded for additional examinations to address his headaches, major depressive disorder, and right knee contusion.