Neck / cervical spine decisions — 2023

The Board has remanded the Veteran's claims for service connection for bilateral hearing loss, tinnitus, otitis externa, and a cervical spine disability due to incomplete information regarding his periods of active duty, ACDUTRA, and INACDUTRA. The VA will obtain updated treatment records, verify the dates of service, and provide medical opinions on the etiology of the disabilities.

The Board has found that the Veteran's claims for service connection are remanded due to their failure to attend VA examinations and current homelessness. The RO is instructed to attempt to locate the Veteran, schedule new VA examinations if located, and consider all relevant evidence in determining the nature and etiology of the claimed disabilities.

The Veteran's claims for cervical spine, right knee, and left knee disabilities have been denied. Additionally, his facial scars prior to April 15, 2022, tinnitus, and headaches have also been denied.

The Veteran's appeals for increased ratings and service connection were dismissed. The Board found that the Veteran withdrew his claims, granted service connection for obstructive sleep apnea as secondary to PTSD with other specified depressive disorder, but denied an initial rating in excess of 70 percent for PTSD.

The Veteran's neck disability and gunshot wound to the left index finger were denied service connection, while a compensable evaluation was granted for the gunshot wound prior to November 9, 2022.

The appeal for a disability rating in excess of 10 percent prior to June 24, 2021 and in excess of 40 percent thereafter for a neck disability is denied.,The appeal for a disability rating in excess of 20 percent prior to June 24, 2021 and in excess of 40 percent thereafter for right upper extremity radiculopathy is denied.

The Board has remanded the claims for service connection for right shoulder and cervical spine disabilities due to unclear etiology and pathophysiology of the conditions. Additional medical opinions are needed.

The Veteran's claim to reopen a neck disability service connection is granted. The Board finds the evidence sufficient to raise a reasonable possibility of establishing the claim, but remands for further examination and opinion regarding the etiology of his claimed disabilities.

The Board has remanded the Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) prior to November 13, 2020. The appeal is referred to VA's Director of Compensation Service for extraschedular consideration.

The Board has determined that further development is necessary before the Veteran's claims can be adjudicated due to incomplete medical records and inadequate opinions. The claims for tinnitus, left-hand disability, right ankle disability, and cervical spine disability are all remanded.

The Veteran's claims for increased ratings for his service-connected back, neck and right upper extremity radiculopathy disabilities are being remanded due to the need for additional development including VA examinations.

The Board has determined that the Veteran's current neck condition, diagnosed as degenerative disc disease of the cervical spine, is related to his active-duty service and granted service connection for this condition.

The Veteran's left knee strain status post-surgery, acquired psychiatric disorder (PTSD), bilateral pes planus, right Achilles' tendonitis, and sleep apnea have been granted service connection. The cervical spine disability has not been established as related to active service.

The Veteran's claim for service connection for a chronic sleep disability is denied.,Service connection and increased ratings for thoracolumbar spine strain with degenerative changes at L5-S1, cervical spine strain with C5-6 spondylosis, left ankle lateral collateral ligament sprain, and tinea versicolor with tinea pedis are also denied.,The Veteran's claim for a compensable rating for left ankle lateral collateral ligament sprain is denied.,Service connection and increased ratings for tinea versicolor with tinea pedis are denied.

The Board has granted service connection for left shoulder rotator cuff tendonitis with osteoarthritis, lumbar spine degenerative arthritis with IVDS and cervical spine degenerative arthritis with IVDS as these conditions are related to the Veteran's in-service motorcycle accident.

The Board has granted service connection for lumbar spine, cervical spine, left knee, and right knee disabilities based on the Veteran's credible statements and medical opinions linking these conditions to his military service.

The Board has remanded the issues of service connection for a cervical spine disorder and right hip disorder due to potential additional periods of active duty not previously verified.,An addendum medical opinion is needed regarding whether the Veteran's current cervical spine and right hip disorders are related to his active service.

The Board has determined that the VA examinations provided are inadequate and requires new opinions to determine if the Veteran's claimed conditions are related to service.

The Veteran's claim for a higher rating for her service-connected degenerative disc disease of the cervical spine is being remanded due to insufficient evidence and need for updated treatment records.

The Veteran's appeal for service connection for post-appendectomy/post-Cesarean section scar and cervical cancerous cells of the cervix is being remanded due to incomplete development.,The appeals for residuals of an inservice Caesarian-section surgery, post-service hysterectomy, left foot/ankle sprain, disabilities of the right arm, cervical spine, chest wall muscles and back muscles, left shoulder, left arm, and left hand are also being remanded due to incomplete development.,The appeal for increased disability ratings for impairment of the right thumb and hand is being remanded due to incomplete development.