Neck / cervical spine decisions — 2023

The Board has remanded the claims for additional development due to incomplete VA examinations and other procedural issues.

The Board has remanded the case for further examination and opinion regarding service connection for residuals of a traumatic brain injury (TBI). Service connection is denied for neck and back disabilities.

The Board has remanded the case due to inadequate medical opinions regarding whether the Veteran's claimed disabilities are related to his 2005 surgical treatment at a VA Medical Center, and if so, whether they were proximately caused by carelessness, negligence, or similar fault on the part of VA.

The Board has granted the Veteran's claim for service connection for a cervical spine disability, finding that it is related to his in-service motor vehicle accident.

The Veteran's claims for increased ratings for his service-connected cervical neck strain with degenerative disc disease, degenerative arthritis, and intervertebral disc syndrome are remanded due to the need for an addendum opinion regarding whether he exhibits or has exhibited at any point since September 5, 2013, ankylosis or the functional equivalent of ankylosis of the cervical spine. The claims for increased ratings for his service-connected bilateral upper extremity radiculopathy are also remanded.

The Veteran's claims for increased ratings for bilateral hearing loss and dermatitis are being remanded due to the need for additional medical records.,Service connection claims for gastritis, lumbar spine disorder, cervical spine disorder, acquired psychiatric disorder, diabetes mellitus type II, and prostate disorder remain unresolved.

The Board has determined that the claims for service connection and evaluations of various spine disabilities, including radiculopathies, need to be remanded due to incomplete records and the need for additional examinations.

The Board has remanded the Veteran's claims for service connection due to an error in submitting a wrong form, and now requires a Statement of the Case (SOC) before further appellate consideration.

The Board has remanded the Veteran's claims for right elbow condition, left ankle injury, cervical strain, and right foot condition due to missing service treatment records. The case will be returned to the RO to attempt to locate these records.

The Veteran's neck disability is granted a 30% rating effective February 1, 2017. The ratings for right and left lower extremity radiculopathy remain at 40%. A higher rating is denied.

The Board has remanded the cases for additional development, including obtaining updated VA treatment records and medical opinions addressing the Veteran's lay reports about his in-service symptoms and their relation to his current disabilities.

The Board has remanded the issues of service connection for sleep apnea, hypertension, hypothyroidism, bilateral ankle disorder, and bilateral knee disorder. The cervical spine and lumbar spine disability claims have been denied.

The Veteran's neurogenic bowel condition is granted a 60% rating effective January 29, 2016.,An earlier effective date of January 29, 2016, for the Veteran's myelopathy with neurogenic bladder and neurogenic bowel conditions is granted.

The Veteran's service-connected cervical spine, bilateral knee, and bilateral ankle disabilities are granted. Service connection for bilateral hearing loss is denied.

The Veteran's claims for higher ratings for his cervical radiculopathy with carpal tunnel syndrome were denied as the evidence did not show that the conditions warranted a rating in excess of the current assigned ratings.

The Board denied service connection for cervical spine, right shoulder, and left knee disorders. The Veteran's right knee disorder was not found to be related to his in-service injuries.

The Veteran's ratings for lumbosacral strain and cervical strain were reduced from 40% to 10%, but the reduction in the rating for lumbosacral strain was improper, so the original 40% rating is restored. The reduction of the rating for cervical strain was proper.

The Veteran's lumbosacral spine, cervical spine, spondylolysis, spondylolisthesis, and degenerative arthritis disabilities are found to have originated during active service. The Veteran's cervical spine degenerative disc disease is also found to be related to his military service.

The Veteran's claims for service connection are remanded due to the need for additional medical examinations and updated VA treatment records. The right shoulder disability rating is also remanded.

The Board has remanded the Veteran's claims for service connection due to insufficient medical opinions regarding the nature and etiology of his lumbar spine, cervical spine, right hip, and right foot disabilities. The issues include direct service connection as well as secondary service connection.