Neck / cervical spine decisions — 2023

The Veteran's claims for service connection have been granted, with the exception of bronchitis and cervical radiculopathy in both upper extremities. The PACT Act presumption has been applied to sinusitis.

The Board has remanded the claims for service connection for a left wrist disability, rating in excess of 10 percent for right ankle Achilles tendinitis, and rating in excess of 20 percent for left ankle Achilles tendinitis. The TDIU claim is also being remanded.

The Board denied service connection for left knee, right shoulder, lumbar spine, cervical spine, and left shoulder disabilities as they are not related to service or a service-connected disability.

The Board has granted service connection for right hip, left hip, right knee, and left knee degenerative arthritis status-post joint replacement. The issues of entitlement to service connection for neck disability and shoulder disabilities are remanded.

The Board has decided to remand the Veteran's claims for service connection for left upper and lower extremity peripheral neuropathy, as secondary to herbicide exposure. The VA will need to provide a new opinion on whether these conditions are related to his service-connected aneurysm.

The Board has denied service connection for a chronic cervical spine disorder, left upper extremity radiculopathy, and right upper extremity radiculopathy. The lumbar spine disability is remanded for additional development regarding the Veteran's increased rating claims.

For the appellate period prior to January 4, 2016, the Veteran's headaches were rated at 30 percent.,Beginning January 4, 2016, the Veteran was granted a 50 percent disability rating for her headaches.

The Veteran's claims for increased ratings are being remanded due to the need for new VA examinations and a supplemental statement of the case.

The Board has determined that additional examinations and opinions are needed to address the Veteran's claims for service connection, rating increases, and special monthly compensation due to his TBI and related conditions. The issues include secondary service connection for loss of sense of smell and taste, as well as cervical strain and migraine headaches.

The Board has granted an effective date of June 8, 2016 for the Veteran's TDIU claim. The decision resolves doubt in favor of the Veteran and finds that his disabilities worsened within a year prior to the June 8, 2017, date of claim.

The Board has remanded the Veteran's claims for service connection due to conflicting evidence regarding his current cervical spine disorder and acquired psychiatric disorder. The exact nature of any current cervical spine condition needs to be confirmed, and a VA examination should be obtained. Additionally, efforts should be made to verify the Veteran's reported in-service stressors related to car accidents and proximity to the North Korean border.

The Veteran's appeal is being remanded due to incomplete evaluations and the need for additional examination. The TDIU claim will be held in abeyance until the increased rating claim is resolved.

The Veteran's application to reopen his claim for service connection for cervical spine disability was dismissed. His claims for service connection for left shoulder and right shoulder disabilities were also dismissed.,Service connection for tension headaches, secondary to service connected disabilities (left ankle sprain residuals, tinnitus, major depressive disorder), is granted.

The Board has remanded the case due to inadequate examination and opinion regarding the Veteran's cervical spine disability, which is currently service-connected.

The Veteran withdrew his appeal for all issues related to the initial ratings and service connection claims. The Board dismissed the appeal due to the Veteran's withdrawal.

The Veteran's cervical spine degenerative arthritis is now rated at 30 percent, effective from August 23, 2011. The lumbar spine disability remains rated at 20 percent prior to December 11, 2017.

The Veteran's cervical spine disability was not rated higher than 20 percent prior to August 8, 2005, and not higher than 30 percent from that date.,The Veteran's right knee tendonitis with arthritis did not meet the criteria for a rating in excess of 10 percent.

The Veteran's cervical spine disability was previously rated at 20% prior to March 9, 2018. Effective March 9, 2018, and no earlier, the Veteran is now entitled to a 30% rating for his service-connected cervical spine disability.

The Board has remanded the case due to insufficient examinations and needs to provide new VA examinations for the Veteran's cervical spine (neck) and lumbar spine (back) conditions. The claims will be reconsidered based on the new evidence.

The appeal for an increased rating for cervical degenerative disk disease with facet arthrosis and intervertebral disc syndrome is dismissed. The petition to reopen the claim for service connection for a right wrist condition is granted, but the appeal is only granted to this extent as the Veteran's representative requested withdrawal of the appeal regarding the increased rating issue.