Neck / cervical spine decisions — 2023

The Board has determined that the Veteran's lumbar and cervical spine disabilities, as well as associated radiculopathy conditions of the upper extremities, are not service-connected due to lack of credible evidence supporting their onset in service. The claims are being remanded for further examination and consideration.

The Veteran's tinnitus was granted service connection. The Board found that the Veteran's current sleep disorder, including sleep apnea, and her right knee disability need further examination to determine their etiology.

The Board has dismissed the appeals for increased ratings for cervical spine and bilateral lower extremity radiculopathy due to the Veteran's withdrawal of his appeal. The claims for an increased rating for lumbar spine disability, right upper extremity radiculopathy, and service connection for a psychiatric disability are REMANDED.

The Veteran's service-connected disabilities have rendered him unable to secure and follow substantially gainful employment prior to November 9, 2020. The Board has now granted a TDIU rating on a schedular basis from that date, which triggers the need for extraschedular consideration.

The Veteran's service-connected inactive cervical tuberculous lymphadenitis is not entitled to a compensable rating, while he is granted an initial disability rating of 20 percent for residual disability of limited range of motion of the cervical spine due to pain secondary to his service-connected condition.

The Veteran's claims for increased ratings for lumbar and cervical spine disabilities have been denied as the evidence does not meet the criteria for higher ratings under VA rating criteria.

The Board denied service connection for cervical spine, right knee, bilateral elbow, and right shoulder disorders. The Veteran's cervical spine disorder is not considered to be related to her active military service or her service-connected fibromyalgia.

The Veteran's service connection for residuals of TBI is granted.,An increased rating to 10 percent for hypertension is granted prior to August 10, 2016. A higher rating is denied beginning from that date.

The Board has remanded the case due to the need for a VA examination and to obtain Worker's Compensation records related to a lumbar spine injury in 2002. The Veteran is seeking service connection for his thoracolumbar spine disorder.

The Board has remanded the claims for cervical spine disability, fibromyalgia, and colon surgery due to new evidence received since the last denial. The issues are being reviewed again as they may be related to service.

The Board has remanded the cases for further development and review due to incomplete records from Social Security Administration (SSA).

The Board has remanded the claims for service connection for psychiatric disorders, lumbar spine disability, cervical spine disability, right leg disability, and pulmonary embolism due to inconsistencies in reported stressors and conflicting medical opinions. Additional development is needed to verify a specific suicide stressor and obtain new nexus opinions.

The Veteran's right and left knee strains, gastroesophageal disease (GERD) with gastric ulcer, left tricep tendonitis, and cervical strain have all been rated as 10 percent disabling. The Board has determined that a higher rating is not warranted for any of these conditions.,A separate rating was denied for each condition due to the Veteran's flexion and extension limitations not meeting the criteria for a higher rating.

The Board has remanded the Veteran's claims for carpal tunnel syndrome of the right hand and intervertebral disc syndrome with cervical spine degenerative disc disease (claimed as chronic neck pain) due to a lack of adequate medical opinions regarding whether these conditions were aggravated by service.

The Veteran was granted a TDIU from July 14, 2021, onward. The Board also referred the issue of entitlement to a TDIU on an extraschedular basis for prior to July 14, 2021, to the Director of Compensation Service.

The Board denied service connection for a cervical spine disability, finding that the Veteran's current condition did not have its onset in service and was not otherwise causally related to disease or injury in service.

The Board has determined that the Veteran's claims for service connection for a back disability, right knee disability, left knee disability, and neck disability are remanded due to new evidence received since the last denial of his petition to reopen. The claims will be reviewed again with additional medical opinions.

The Board has remanded the cases for further development and examination due to insufficient evidence on the etiology of the claimed disabilities.

The Veteran's cervical spine disability is granted as service-connected due to an in-service injury.,Service connection for sleep apnea and a bilateral shoulder disability are remanded.

The Veteran's appeals for service connection for hearing loss, and initial ratings higher than 20 percent for cervical spine disorder, left shoulder disorder, right upper extremity radiculopathy, left upper extremity radiculopathy, and insomnia have been dismissed.,The Veteran's appeal for an initial rating of 50 percent, but no higher, for his service-connected insomnia has been granted.