Neck / cervical spine decisions — 2023

The Veteran's claim for an increased disability rating in excess of 10 percent prior to December 12, 2018, for cervical spine degenerative disc disease with arthritis (neck disability) is denied.,The Veteran's claim for an increased disability rating in excess of 20 percent from December 12, 2018 to September 27, 2022, for neck disability is denied.,The Veteran's claim for an increased disability rating in excess of 30 percent beginning September 27, 2022, for neck disability is denied.

The Board has granted service connection for the Veteran's cervical spine disabilities (claimed as neck condition) and bilateral hip disability, finding that these conditions are at least as likely as not related to his active-duty service.

The Board denied service connection for a neck disability, kidney disability, and irregular periods (menstrual problems). The VA examiner found no current diagnosed conditions.,VA examinations revealed that the Veteran does not have current diagnosed kidney disability. For the other conditions, the VA examiner provided negative nexus opinions.

The Board denied the Veteran's claim for an earlier effective date for TDIU, finding that his February 2012 formal claim was implicitly denied in a prior August 2008 rating decision due to the relatedness of the claims and the timing of the filings. The Board also noted there were no new and material evidence submitted during the appeal period.

The Board has remanded the Veteran's claims for cervical spine and bilateral shoulder conditions due to a lack of relevant VA medical records, inadequate opinions from the October 2016 VA examinations, and the need for additional development.

The Veteran's cervical spine disability is currently rated at 30 percent from February 16, 2016. The Board denied a higher rating as the evidence did not support an increase in disability beyond what was already reflected in the current rating.

The Veteran's service-connected disabilities have rendered him unable to secure and follow substantially gainful employment. The TDIU claim is granted, but the increased rating for muscle disability of the neck and left shoulder is remanded due to lack of recent medical records.

The Veteran's service-connected disabilities, combined, rendered him unable to secure and follow substantially gainful employment from June 17, 2019, to October 6, 2019. The appeal is remanded for additional development.

The Board has determined that the Veteran's service-connected disabilities did not prevent him from securing and following substantially gainful employment prior to July 30, 2021.

The Board has reopened the Veteran's claims for service connection for lumbar spine, cervical spine, and residuals of a head injury disabilities. However, further development is needed as VA examinations are required to determine if these conditions are related to service.

The Board has remanded several claims for further development, including those related to insomnia disorder, erectile dysfunction, chronic fatigue syndrome, blackout spells, DDD of the cervical spine, pinched nerve as secondary to DDD of the cervical spine, right carpal tunnel syndrome, and right shoulder disability. The Veteran's hypertension claim is also being remanded.

The Veteran's claims for service connection for low back pain, neck pain, lumbar disc degeneration radiculopathy, and left-sided hemiparesis are being remanded due to the need for additional examinations and etiology opinions.

The Board has determined that the Veteran's neck disability had its onset during service and is therefore granted service connection.

The Veteran's service connection claim for degenerative disc disease and spondylosis of the cervical spine is granted, as well as his secondary service connection claim for radiculopathy of the upper extremities due to this condition.

The Board has remanded the claims for service connection due to insufficient compliance with prior remand directives, specifically regarding the Veteran's PTSD and its impact on his cervical spine disorder, muscle atrophy and weakness, and bilateral eye disorder.

The Board has decided to remand the claims for service connection for back, neck, left knee, and right knee disabilities due to incomplete records. The Veteran's Social Security Administration disability benefits records and VA treatment records from the Columbus CBOC prior to 2001 need to be obtained.

The Board has denied the Veteran's claims for service connection for acquired psychiatric disability, bilateral lower extremity radiculopathy and neuropathy, and cervical spine disability as secondary to his service-connected lumbar spine disability.

The Veteran's cervical intervertebral disc syndrome and lumbar spondylosis, L4-L5, L5-S1 with degenerative disc disease are each rated at 20 percent disabling. The Board finds that a higher rating is not warranted for either condition during the period on appeal.,The Veteran's cervical spine disability has been rated based on limitation of motion and currently assigned a 20 percent rating.

The Board denied the Veteran's appeal as the withholding of VA disability compensation benefits for 31 training days in FY 2014 was proper, based on the documentation provided by the Veteran and his unit commander.

The Board has restored the Veteran's original 20% rating for residuals of fracture, left pedicle, C5-6, undisplaced from September 1, 2017, as the reduction was improper due to insufficient evidence showing sustained material improvement under ordinary conditions of life.