Neck / cervical spine decisions — 2023

The Veteran's right ring finger disability is rated as noncompensable, and the claim for a compensable rating is denied.,The Veteran's lumbar spine disability is rated at 40 percent prior to August 3, 2020, and the claim for an increased rating is denied. The claim for an initial rating of 30 percent from August 3, 2020, is granted.,The Veteran's cervical spine disability is rated at 30 percent prior to August 3, 2020, and the claim for a higher rating is denied. The claim for a higher rating from August 3, 2020, is also denied.

The Board has decided to remand the case due to insufficient consideration of the Veteran's lay statements regarding his symptoms in service and their connection to his current condition.

The Board has remanded the Veteran's claims for service connection for bilateral hearing loss, cervical spine disorder, and lumbar spine disorder due to procedural issues and the need for further development.

The Veteran's cervical strain and brachial plexus neuralgia, left arm issues have been remanded for further evaluation.

The Board has remanded the restoration of service connection claims for cervical spine arthritis, lumbar spine arthritis, bilateral shoulder arthritis, right thumb arthritis, and scar formation due to insufficient medical opinions regarding their etiology. The Veteran's conditions may be related to his pre-existing polyarthralgia or osteoarthritis.

The Board has granted the Veteran's claim for TDIU from June 9, 2009, finding that his service-connected disabilities render him unable to secure or maintain substantially gainful employment.

The Veteran's claim for an increased rating for her cervical strain is being remanded due to the lack of compliance with previous Board directives regarding the severity of her service-connected condition.

The Veteran's cervical spine disability, diagnosed as cervical strain, intervertebral disc syndrome, and disc bulge at C5-C6, is granted service connection.,Service connection for radiculopathy of the right upper extremity, secondary to cervical spine disability, is also granted.

The Board has remanded the claims for service connection and TDIU due to insufficient medical opinions regarding causation and aggravation, as well as the impact of medications on employment.

The Board has remanded the case due to a need for additional medical opinions regarding whether the Veteran's current headache disability is caused or aggravated by his service-connected cervical spine disorder.

The Board has remanded the Veteran's claims for a rating in excess of 10 percent for service-connected lumbar strain, service connection for cervical spine disability, and various nerve disabilities. The Veteran will need to undergo new VA examinations to assess his current condition and provide opinions on the nature and etiology of these conditions.

The Board dismissed the appeal for service connection of whiplash injuries to the shoulders and granted a TDIU rating from September 9, 2020.

The Veteran's claims for service connection for back, neck, and bilateral lower extremity nerve disabilities have been dismissed as they were granted in a previous rating decision. The claims for service connection for brain tumor, epilepsy, asthma, and sleep apnea have all been denied.

The Board has remanded the claims for service connection for a cervical spine disability, lumbar spine disability, and hypertension due to inadequate medical opinions. The Veteran is also seeking TDIU based on these disabilities.

The Veteran's chronic lumbar spine, cervical spine, left elbow, and left ankle disabilities are found to be due to his honorable service. The Board has granted service connection for these conditions.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) prior to December 1, 2018. However, it granted TDIU from December 1, 2018.

The Board has remanded the claims for a disability rating in excess of 20 percent for cervical spine disability and for a compensable rating as of May 24, 2016, for LUE radiculopathy due to incomplete development of the record.

The Board has determined that additional development is necessary for the Veteran's claims of higher ratings for her neck, low back, and migraine disabilities. The Veteran will need to provide any evidence in support of her claims, and she will be scheduled for new VA examinations to determine the current severity of her symptoms, including a discussion of the ameliorative impacts of her prescribed medications.

The Board has remanded the Veteran's claims of service connection for lower neck disability and headaches due to inadequate attempts by the Regional Office to obtain his medical treatment records from NATO HQ at Film City, Kosovo. The claim must be returned for further development.

The petition to reopen the previously-denied claim for service connection for a right shoulder disorder is granted. The petition to reopen the previously-denied claim for service connection for a right wrist disorder is denied.