Neck / cervical spine decisions — 2022

The Board denied service connection for a cervical spine disorder and diabetes mellitus, type II, finding that the Veteran's conditions were not shown to be causally related to his military service.

The Board has determined that there was not substantial compliance with the remand directives and thus, another remand is necessary for compliance.

The Board has ordered additional development for the Veteran's claims of service connection for hypertension, bilateral knee disorder, lumbar spine disorder, and cervical spine disorder due to inadequate medical opinions and incomplete records. The AOJ is tasked with compiling a complete list of verified periods of service and scheduling VA examinations.

The Veteran's claim to reopen a skin disability, left testicle lump, and cervical lymph nodes service connection claims is granted. The Board has determined that remand is necessary for further development.

The Board has remanded the claims of service connection for cervical spine disability, lumbar spine disability, and bilateral lower extremity disabilities due to inadequate opinions in the VA examination reports.

The Veteran's spine injury claim has been reopened, and service connection for a spine injury is granted.,Service connection for peripheral neuropathy of the right upper extremity is granted as secondary to service-connected type II diabetes mellitus. Service connection for peripheral neuropathy of the left upper extremity is also granted as secondary to service-connected type II diabetes mellitus.,The Veteran's claims for increased ratings for bilateral lower extremity peripheral neuropathy and type II diabetes mellitus are denied due to failure to appear for scheduled VA examinations without showing good cause.,Service connection for a spine injury is remanded, as the Veteran has provided evidence of a fall at a VA facility in November 2014 that may be related to his service-connected conditions. The RO must seek all relevant records and conduct appropriate development regarding this claim.,Entitlement to specially adapted housing and special monthly compensation based on aid and attendance or being housebound is remanded, as the Veteran has provided evidence of a spine injury and peripheral neuropathy claims that may be related to VA care.

The Veteran's cervical spine disability is being remanded for additional examination to determine the current level of severity and whether separate diagnoses exist.,Separate disabilities are also being considered, including whiplash, retrolisthesis, and trochanteric bursitis.

The Veteran's initial disability rating for cervical spine degenerative joint disease prior to September 3, 2020, is denied as her condition does not meet the criteria for a higher rating.

The Veteran's cervical spondylosis and back disability did not have their onset in service, did not manifest as arthritis within one year of discharge, and are not otherwise causally related to service. Service connection is therefore denied.

The Board has restored the original ratings of 30% for cervical spine disability and 60% for left upper extremity radiculopathy, as these reductions did not reflect actual improvement in the Veteran's ability to function under ordinary conditions.

The Board has granted service connection for degenerative arthritis of the thoracolumbar spine and a cervical spine disability, manifested by pain. The decision is based on the Veteran's credible reports of symptoms dating back to his military service.

The Board has remanded the case for further development, including obtaining additional medical opinions and records. The issues of service connection for a cervical spine disorder and a right upper extremity disorder (claimed as nerve damage and pain) are inextricably intertwined.

The Veteran's service connection claims for obstructive sleep apnea and cervical degenerative disc disease are granted. The claim for lumbar spine disability is dismissed.

The Board has remanded the case due to an inadequate November 2019 VA examination and a need for a secondary service connection opinion. The Veteran's cervical spine disability is related to his service-connected nasal fracture.

The Board has remanded the claims for a neck disability, left upper extremity radiculopathy, left shoulder disorder, and left elbow disorder due to their inextricable link with the service connection claim for a neck disability. The VA will obtain additional medical records and provide an opinion on whether these conditions are related to service.

The Board has remanded the Veteran's claims for cervical strain, chronic muscle tension headaches, and peripheral neuropathy of the ulnar nerve of the left upper extremity due to outstanding VA treatment records and the need for updated VA examinations.

The Veteran's appeals for service connection for right ear hearing loss, higher initial ratings for cervical osteoarthritis (neck disability) and left ear hearing loss, tuberculosis, and a 70 percent rating for PTSD have been withdrawn. A 100 percent rating has been granted for PTSD from January 24, 2017, and TDIU prior to that date has also been granted.

The Board denied service connection for a cervical spine disability, head injury, and stroke or cerebrovascular accident claimed as secondary to a head injury due to the lack of credible evidence supporting an in-service injury. The Veteran's assertions regarding the time and location of the earlier photograph were found lacking credibility.

The Board has dismissed all service connection claims for various conditions as the Veteran died before a decision could be made.

The Veteran's service-connected degenerative arthritis of the lumbar spine is granted.,A total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is granted, beginning May 10, 2020.