Neck / cervical spine decisions — 2023

The Board has remanded the case due to insufficient medical opinions regarding the etiology of the Veteran's cervical spine disorders and their relationship to service, particularly his service-connected shoulder impingement syndrome.

The Board has granted service connection for a cervical spine disability and left upper extremity radiculopathy, finding that the Veteran's current conditions are related to his in-service accident. The decision also notes that these disabilities are due to or a complication of his previously service-connected cervical spine disability.

The Veteran's acquired psychiatric disorder, including anxiety and depressive disorders, is granted. The Board finds the VA examiner's opinions along with Dr. A.A.'s positive nexus opinion persuasive in granting service connection for an acquired psychiatric disorder. The issues of entitlement to a higher rating for right knee strain, as well as service connection for lower back condition, cervical arthritis with spondylotic changes, and left arm neuropathy are remanded due to the need for additional medical opinions.

The Veteran's claims for increased ratings and TDIU were denied. The rating for the low back disability was denied prior to September 23, 2002, from June 22, 2022 forward, and for left lower extremity radiculopathy from May 22, 2009 forward. The Veteran's neck disability claims were also denied.

The Veteran's service-connected disabilities, including PTSD, IBS, and other conditions, prevented him from engaging in substantially gainful employment for which his education and occupational experience would otherwise qualify him. The Board granted a TDIU on an extraschedular basis from June 19, 2014, to April 20, 2015.

The Veteran's appeal is remanded for additional medical opinions regarding his tinnitus, traumatic brain injury, and related conditions. The claims are also remanded to schedule the Veteran for VA examinations to assess the severity of his service-connected disabilities.

The Board has remanded the case due to insufficient medical opinions regarding the Veteran's neck disability and right hip disability. The Veteran is seeking service connection for her neck disability, which she contends was caused by a fall in service, and an increased rating for her right hip disability.

The Board has remanded the Veteran's claims for entitlement to service connection for a neck disability and an upper back disability due to inadequate VA opinions. The Veteran contends his disabilities are related to in-service incidents, but the Board finds the VA opinions insufficient.

The Board denied service connection for cervical and lumbar spine conditions, finding no evidence of a nexus between the conditions and active service.

The Board has remanded the claims for service connection for lumbar and cervical spine disabilities due to incomplete records, need for further medical opinions, and potential need for a new VA examination. The Veteran's claim is not currently before the Board.

The Veteran's claims for service connection were granted in January 2017, with the effective date set at April 11, 2014. The appeals for earlier effective dates prior to this date are denied.,All five conditions (major depressive disorder, bilateral pes planus, lumbosacral strain, cervical strain, and right ankle sprain) were granted service connection in the January 2017 rating decision.

The Veteran's claim for an effective date prior to June 7, 2016, for the grant of service connection for right upper extremity radiculopathy secondary to a cervical spine disability was denied. The Board found that there is no evidence earlier than June 7, 2016, and subsequent to the last final and binding denial that reasonably can be construed as an informal claim, formal claim, or intent to file a claim for an increased rating for the cervical spine disability.

The Veteran's back and neck disabilities were granted service connection with an effective date of December 31, 1983.,An earlier effective date for the PTSD rating is denied.

The Board dismissed the appeal for a higher disability rating for degenerative arthritis, cervical spine (claimed as neck injury with degenerative joint and disc disease) because the Veteran's representative requested withdrawal of the appeal.

The Veteran's service-connected disabilities do not result in loss or loss of use of a hand or foot, permanent vision impairment of both eyes, severe burn injury, amyotrophic lateral sclerosis, or ankylosis of a knee or hip. Therefore, the Veteran is not eligible for financial assistance for an automobile and adaptive equipment.

The Board has determined that the Veteran's cervical spine degenerative disc disease is related to his active duty service and granted service connection for this condition.

The Board has remanded several issues related to the Veteran's service connection claims for various disabilities, including shoulder, wrist, and knee conditions. The effective dates for granting service connection are denied.

The Board has determined that the Veteran's disabilities, including cervical stenosis with herniated discs, right upper extremity paralysis, left upper extremity weakness, loss of bowel function, loss of bladder function, left leg above-the-knee amputation, and loss of use of right lower extremity, were caused by carelessness or negligence on the part of VA. As a result, the Veteran is entitled to compensation under 38 U.S.C. § 1151.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's current cervical spine disability is related to his participation in airborne training during service. The VA needs to provide a medical opinion on this issue.

The Board has remanded the Veteran's claims for service connection for bilateral hearing loss, a neck condition, and a back condition due to insufficient medical evidence to resolve these claims. The Veteran must be afforded examinations on remand to assess the nature and etiology of any current disabilities.