Neck / cervical spine decisions — 2023

The Veteran's claims for increased ratings for lumbar spine, cervical spine, and left shoulder disabilities are being remanded due to the need for additional medical examinations.

The Board has decided that the Veteran's cervical spine condition, which is claimed to be secondary to his service-connected lumbar spine degenerative disease, requires further examination and opinion.

The Veteran's claim for service connection for bilateral hearing loss is denied as there is no evidence of a diagnosed disability.,Service connection for neck disability is denied due to lack of in-service diagnosis and no chronic residuals from the April 2015 motor vehicle accident. The current symptoms are not considered disabling enough to warrant service connection.,The Veteran's claim for an increased rating for left shoulder disability is denied as there is no evidence of functional impairment affecting earning capacity.

The Veteran's TDIU claim is remanded due to the inextricably intertwined nature of issues, including a possible referral for an extraschedular TDIU. The effective date for the TDIU must be determined based on when the increase in disability causing unemployability actually occurred.

The Veteran's claims for carpal tunnel syndrome of the left wrist, neck disability, and left arm disability have been reopened due to new and material evidence.,The Veteran's claims for hypertension and HIV were not reopened as there was no new and material evidence provided.

The Veteran's sinusitis is granted service connection. The cervical spine disability remains at a 20% rating, but the lumbar spine disability receives a 40% rating beginning January 17, 2020. No other conditions receive initial ratings or SMC determinations.

The Board has granted service connection for cervical spine and thoracolumbar spine degenerative arthritis, finding that the Veteran's symptoms have been continuous since service. The decision is based on a presumption of service connection due to the nature of his military activities during service.

The Board has remanded the cases due to the failure of the RO to issue a supplemental statement of the case (SSOC) before returning them to the Board.

The Board has denied service connection for right leg and bilateral ankle disabilities, finding that the evidence is not persuasive in favor of a causal relationship between these conditions and service. The Veteran's cervical spine disability remains under consideration.,Service connection for a cervical spine disability is remanded due to insufficient medical opinion regarding its relation to service or any service-connected condition.

The Veteran's claims of service connection for left shoulder, right arm, and cervical spine disabilities have been granted. The Board found that the evidence supports a direct relationship between these conditions and her active-duty service.

The Board has remanded several issues related to the Veteran's claims, including service connection for various conditions and reopening of previously denied claims. The main issue is that there is insufficient evidence to determine if any of these conditions had onset during or are otherwise related to service.

The Veteran's service-connected cervical spine scar associated with cervical spondylosis is rated at 10 percent, the minimum compensable rating under Diagnostic Code 7800 for scars of the head, face, or neck.

The Board has remanded the claims for service connection due to inadequate medical opinions in previous VA examinations. The Veteran's right shoulder, left leg, and right leg conditions are being reviewed again with new VA medical opinions.

The Board has remanded the claims for cervical spine condition, right knee condition, and right elbow lateral epicondylitis due to inadequate addendum opinions from the same examiner. The VA is required to obtain new addendum opinions from a different examiner.

The Board has remanded the claims for initial increased ratings for cervical spine, thoracolumbar spine, left shoulder, right shoulder, and right thumb disabilities due to errors in citation of VA examinations conducted in July 2012.

The Board denied service connection for lumbar spine, cervical spine, bilateral arm (forearm) and bilateral shoulder disabilities due to lack of evidence linking these conditions to active service.

The Board has remanded several claims for further development due to missing service records and the need for additional medical opinions. The Veteran's TBI, acquired psychiatric disorder, headache disability, prostate disability, gastrointestinal disability, cervical spine disability, right sacroiliac disability, left sacroiliac disability, radiculopathy of the right lower extremity, and radiculopathy of the left lower extremity are all under review.

The Veteran's lumbar spine disability, radiculopathy of the lower extremities, and cervical spine disability are all remanded for additional development to obtain VA and private treatment records and retrospective medical opinions.

The Veteran's claim for an initial rating in excess of 30 percent for cervical spine disability prior to March 17, 2022 was denied. Service connection for an acquired psychiatric disorder (OSTSD) was granted. The remaining issues were remanded.

The Board denied service connection for bilateral shoulder disorder, cervical spine disorder, lumbar spine disorder, and migraine headaches (secondary to hypertension) as the evidence did not show a nexus between these conditions and military service.