Neck / cervical spine decisions — 2023

The Veteran's cervical spine disability is service-connected as it resulted from an in-service injury during basic training.

The Board has remanded the Veteran's claims for a rating in excess of 50 percent for service-connected Persistent Depressive Disorder (PDD) and an effective date prior to May 12, 2017. The Veteran's cervical spine disability, lumbar spine disability, left lower extremity radiculopathy, right lower extremity radiculopathy, left upper extremity radiculopathy, and right upper extremity radiculopathy are also remanded for further development.

The Board dismissed all 34 issues on appeal due to the Veteran's withdrawal of his claims, except for the service connection for irritable bowel syndrome which was not appealed.

The Board denied service connection for both a lumbar spine disorder and a cervical spine disorder, finding that the Veteran's current conditions are not related to his military service.

The Veteran's service-connected disabilities, including cervical and thoracolumbar spine conditions with associated radiculopathies, bilateral lower extremity radiculopathies, tinnitus, right elbow lateral epicondylitis, right Achilles tendonitis, left and right lower extremity varicose veins, right thumb arthritis, right ear hearing loss, hemangioma of the left scalp, left thigh meralgia paresthetica, right foot metatarsophalangeal arthritis, and right foot scar, are found to be sufficiently severe to render him unable to maintain any form of substantially gainful employment consistent with his education and occupational background. As such, a TDIU is granted.

The Board has remanded the claims of service connection for thoracolumbar and cervical spine disabilities, as well as the issue of nonservice-connected pension benefits prior to October 1, 2017, on the basis of countable income.

The Veteran's GERD and cervical spine degenerative arthritis were found to not meet the criteria for higher ratings prior to August 19, 2022. The thoracolumbar strain was also found not to meet the criteria for a higher rating as of that date.,Further examination is needed to determine if there are any additional symptoms or functional limitations that warrant higher ratings.

The Board has determined that additional development is needed for the issues of increased evaluations for lumbosacral strain and cervical strain, as well as entitlement to a TDIU. The Veteran will be scheduled for VA examinations to evaluate his current level of severity for these disabilities.

The Board has granted the Veteran's claim for service connection for a cervical spine disability, finding that his disability was incurred during active service and resolving reasonable doubt in his favor. The reopening of the previously denied claim is also confirmed.

The Board has remanded the claims for an initial compensable rating for a right knee disability, service connection for hypertension, and service connection for a right ankle disability, lumbar spine disability, bilateral foot disability (pes planus), and cervical spine disability due to inadequate examinations.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional medical opinions and records.,The Board will address the issues of entitlement to a disability rating in excess of 20 percent for back disability, radiculopathy of the left lower extremity, radiculopathy of the right lower extremity, neck disability, left upper extremity radiculopathy, and right upper extremity radiculopathy.

The Board has determined that additional evidence is needed to properly adjudicate the Veteran's claims, including SSA records and private treatment records. The Veteran will be provided with a Statement of the Case regarding his earlier effective date claim for DEA benefits.

The Board denied the Veteran's claims for service connection for a cervical spine condition and a left knee condition, finding that there was no evidence of an in-service injury or incident that caused these conditions.,Both conditions were diagnosed post-service, with the cervical spine issue first noted in 2009 and the left knee issue in 2000. The Board found that the Veteran's current conditions are less likely than not related to his military service.

The Board denied the Veteran's claim for service connection for a cervical spine disability (claimed as neck disability) due to lack of evidence showing an in-service injury or disease and no onset within one year after discharge.

The Board has granted service connection for a cervical spine disability, right upper extremity radiculopathy, asbestosis, and lung disability/COPD. The Veteran's conditions are found to be related to his military service.

The Veteran's cervical spine disability, diagnosed as degenerative disc disease (DDD), is granted service connection.,The Veteran's cervical radiculopathy of the left upper extremity is also granted service connection.

The Veteran's service-connected disabilities render her unable to secure or follow a substantially gainful occupation, and the Board has granted entitlement to total disability rating based on individual unemployability (TDIU).

The Board has decided that the Veteran's claim of service connection for a cervical spine disorder should be remanded due to inadequate examination and lack of consideration of all relevant diagnoses.

The Veteran's claims for left knee, cervical spine, and thoracic spine conditions have been granted. The claim for PTSD remains denied.

The Board has remanded the case for further development regarding service connection for otosclerosis of the left ear. Service connection for a cervical spine disability is granted.