Neck / cervical spine decisions — 2023

The Board finds that the Veteran's cervical spine arthritis is not related to service, including Agent Orange exposure or secondary to his service-connected lumbar spine osteoarthritis.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to his service-connected disabilities, finding that the evidence did not show he was completely unemployable.

The Board has determined that additional evidence was received after the last decision and remanded for consideration. The Veteran's claims of service connection, rating increases, effective dates, and total disability ratings are being returned to the AOJ for review.

The Board granted a separate rating of 20 percent for the Veteran's right upper extremity radiculopathy as of June 3, 2019. The effective date was set at September 25, 2018.

The Veteran's appeal for an increased rating for his cervical spine strain is being remanded due to the need for a new VA examination and authorization of private treatment records.

The Board denied service connection for a disability of the cervical segment of the spine, finding that there was no evidence to support the Veteran's claim and concluding that his current neck condition is not related to his military service.

The Veteran's service-connected PTSD prevents him from securing and following substantially gainful employment, meeting the criteria for a TDIU. Additionally, his additional service-connected disabilities meet the requirements for SMC under 38 U.S.C. § 1114(s)(1).

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional examinations and records.

The Veteran's claims for service connection and increased ratings are being remanded due to the need for additional medical examinations.,A total disability based upon individual unemployability is also being remanded.

The Veteran's cervical spine disability is currently rated at 30 percent, effective December 30, 2015. The Board denied increased ratings for the period prior to that date and granted TDIU.

The Board has decided to remand the claims for service connection for various knee, spine, hip, and foot disabilities. The AOJ will be asked to verify the Veteran's stressors related to classified operations and obtain addendum opinions from VA clinicians.

The Board has remanded the case due to outstanding private treatment records and a need for clarification regarding the appellant's claimed cervical radiculopathy, headaches, and tinnitus. The issues of service connection remain pending.

The Board has granted service connection for thoracic and cervical spine disorders, finding that the evidence is at least balanced as to whether these conditions are related to the Veteran's active service.

The Board has remanded the cases for further development and clarification of the etiology of the Veteran's claimed disabilities. The issues include service connection for neurological, genitourinary, and skin conditions.

The Veteran's PTSD is granted a 70 percent rating. The cervical spine and lumbar spine disability claims are remanded for additional development.

The Veteran's TDIU claim for the period from January 5, 2007, to February 28, 2007, is dismissed as moot due to the assignment of a combined 100 percent evaluation and SMC at the rate under 38 U.S.C. § 1114(s).

The Board has denied the Veteran's claims for service connection for a cervical spine condition and diabetic foot disorder, finding that there is no evidence of an in-service injury or disease related to these conditions.

The Veteran's cervical spine disability was rated as 10 percent prior to September 25, 2014; 20 percent from September 25, 2014 to April 6, 2016; and 30 percent thereafter. The Board found that a higher rating is not warranted for any period.

The Veteran's appeal for a higher disability rating for cervical spondylosis has been dismissed because the Veteran withdrew his appeal through his authorized representative.

The Veteran's right knee and left knee chondromalacia were not found to meet the criteria for a rating greater than 10 percent.,The Veteran's right shoulder disorder with post-operative residuals was not found to meet the criteria for a rating greater than 20 percent.