Neck / cervical spine decisions — 2023

The Veteran's service-connected disabilities, including his right knee disability and depressive disorder, have caused him to be unable to secure or follow substantially gainful employment since May 31, 2015. The Board has granted a TDIU from June 1, 2015 to the present.

The Board has remanded the Veteran's appeal for a TDIU based on his service-connected neck disability. The matter will be reconsidered, including an analysis of whether other service-connected disabilities preclude him from engaging in substantially gainful employment.

The Veteran's initial ratings for lumbosacral strain and cervical spine strain were denied, as the evidence did not meet the criteria for a higher rating under VA regulations. The Veteran also had limitations in hip motion due to trochanteric pain syndrome, but these were rated separately.

The Veteran's right lower extremity radiculopathy is granted a 20 percent rating, effective November 20, 2008. The TDIU issue is also granted.

The Board has remanded the Veteran's claims for service connection for cervical radiculopathy, left and right upper extremities, as well as his claim for a TDIU prior to August 22, 2020. The issues are being remanded due to lack of substantial compliance with previous remand directives.

The Veteran's request for a rating in excess of 30 percent for insomnia disorder was denied.,Service connection for an acquired psychiatric disorder (PTSD) was granted, and service connection for a low back disorder was also granted. Service connection for a cervical spine disorder was denied.

The Veteran's service-connected disabilities, including PTSD, right shoulder disability, and cervical spine disability, have rendered him unable to secure or follow a substantially gainful occupation since April 30, 2013.

The Board has remanded the Veteran's claims for service connection for various disabilities, including right knee disability, cervical spine disability, lumbar spine disability, bilateral shoulder and arm disabilities, bilateral hand disabilities, and residuals of a head injury. The remand requires an addendum opinion to address whether any diagnosed pre-existing right knee disability was aggravated by service or had its onset during service.

The Board has severed service connection for TBI, migraine headaches, and partial loss of taste due to CUE. Service connection for cervical herniated disc remains intact.

The appeal for service connection for right median sensorimotor neuropathy, diabetes mellitus, left and right shin splints, cataracts, deviated septum, depression, a right elbow disorder, and a heart disorder has been dismissed.,The claim for service connection for hypertension (secondary to PTSD) has been reopened due to new evidence submitted by the Veteran. The appeal is granted in part.,The claim for service connection for sleep apnea (secondary to PTSD) has been reopened due to new evidence submitted by the Veteran. The appeal is granted in part.,The claims for service connection for sinusitis and allergic rhinitis have been reopened due to new evidence submitted by the Veteran. The appeals are granted in part.

The Board has granted service connection for a left hip disability, but denied service connection for thoracolumbar spine, cervical spine, right knee, and left knee disabilities. The decision also remanded the issue of service connection for a right hip disability.

The Veteran's thoracolumbar spine disability was not rated higher than 10 percent prior to May 1, 2018 and from May 1, 2018. The cervical spine disability was not rated higher than 20 percent prior to May 1, 2018 and from May 1, 2018.,The Veteran's thoracolumbar spine disability is now rated at 20 percent from May 1, 2018. The cervical spine disability remains rated at 20 percent from May 1, 2018.

The Board has granted the Veteran's requests to reopen his claims for service connection for a cervical spine disability, bilateral hearing loss, and right great toe disability. The cases are being remanded due to the submission of new evidence after the issuance of the Statement of the Case.

The Board has remanded the Veteran's claims for bilateral hearing loss and neck disability due to insufficient evidence regarding their etiology. The claims will be reviewed again with additional medical opinions.

The Veteran's right hand index finger disability is granted a 10 percent rating. The Veteran's thoracolumbar spine disability is granted a 20 percent rating from December 1, 2015 to April 25, 2017 and denied any higher rating thereafter. The Veteran's tension headaches are granted the highest available schedular rating of 30 percent. The Veteran's cervical spine disability is denied any higher rating. The Veteran's service-connected digestive conditions are denied any higher rating. The Veteran's left ankle disability is denied any higher rating.

The Board has dismissed the Veteran's appeals for service connection for cervical strain and a rating in excess of 10 percent for post-concussion syndrome due to the appellant's withdrawal of the appeal prior to the promulgation of a decision.

The Veteran's claim for service connection for residuals of a traumatic brain injury is denied as there is no current disability.,Service connection for an acquired psychiatric disorder, diagnosed as persistent depressive disorder, is also denied. The Board finds that the Veteran did not have such condition during his period of active service and it is less likely than not related to service.

The Board has remanded the Veteran's claims for service connection for various spinal and joint conditions due to new evidence being added to his case file.

The Board has remanded the claims for service connection due to inadequate development of private treatment records. The Veteran's representative requested updated records, but no follow-up was conducted by the VA.

The Board has remanded several claims related to the Veteran's service connection, including for cervical spine injury residuals, lumbar spine disability, right and left lower extremity varicose veins, bronchitis, left knee disability, bilateral hearing loss, and a right knee disability. The issues also include reopening of these claims based on new evidence.