Neck / cervical spine decisions — 2023

The Board has remanded the case due to insufficient evidence regarding the Veteran's exposure to herbicides in Panama, which could affect his service connection for diabetes mellitus.

The Board has remanded several claims, including service connection for various conditions and a higher disability rating for herniated nucleus pulposus. The Veteran is requesting additional examinations to determine the nature and etiology of his claimed conditions.

The Veteran's claim for increased ratings is being remanded to obtain additional examinations and evaluations regarding his cervical spine disability, including any associated neurological conditions.,Separate ratings are also needed for any associated bilateral lower extremity (BLE) neurological disorder secondary to the service-connected cervical spine disability.

The Board has remanded the case due to insufficient evidence for service connection of cervical spine disability, specifically whether it is secondary to a service-connected lumbar spine disability. The Veteran's claim for bilateral hearing loss remains denied as new and material evidence was not received.

The Veteran's cervical spine disability is currently rated at 30 percent, which is the maximum schedular rating available for this condition.,The Veteran's right hip injury is currently rated at 20 percent, which is also the maximum schedular rating available for this condition.

The Veteran requested to withdraw her appeal regarding the reduction of her disability rating for cervical strain with muscle tension and degenerative arthritis C5-6 from 30 percent to 20 percent, effective November 1, 2016. The Board dismissed this issue as a result.

The Veteran's right knee disability, post-total knee replacement, is currently rated at 30 percent since April 1, 2014. The appeal remains on hold for further development.,The Veteran's left ankle sprain and cervical spine disability are not entitled to increased evaluations.

The Board has dismissed the Veteran's claim for service connection of a left hand disability due to his withdrawal. The remaining issues have been remanded, including back, neck, right shoulder, right knee, right ankle, and left hip disabilities.

The Veteran's service connection for a right ankle disability is granted. The appeals for increased ratings for the right and left shoulders, as well as the cervical spine disability, are remanded.

The Veteran's OSA is granted as service-connected. For the period prior to January 24, 2020, his cervical spine torticollis is rated at 10 percent and for the period from January 24, 2020, it is rated at 20 percent.,Right and left upper extremity radiculopathy are referred to the AOJ.

The Veteran's claim for a separate disability rating for urinary incontinence as a neurological complication of lumbar degenerative joint disease and degenerative disc disease is granted on and after January 13, 2016. The claims for TDIU, excess ratings for various knee conditions, right lower extremity sciatic radiculopathy, cervical spine disability, and kidney stones are all remanded.

The Board denied service connection for a cervical spine disorder, finding that the current condition was not incurred or aggravated by service. The Veteran's pre-existing cervical spine fusion was noted during his enlistment in the National Guard but no aggravation of this condition was found during periods of active duty.

The Veteran's acquired psychiatric disorder other than PTSD, nerve damage of the left lower extremity, right upper extremity radiculopathy associated with residuals of a neck injury, and headache disability are all granted as secondary to service-connected conditions.

The Veteran's cervical spine disability is currently rated as 10 percent disabling. The Board has found that a higher rating is not warranted under the General Rating Formula for Diseases and Injuries of the Spine or the IVDS Rating Formula due to lack of evidence of ankylosis, muscle spasm, guarding severe enough to result in abnormal gait or spinal contour, or additional loss of range of motion. The Veteran's left upper extremity radiculopathy is separately rated.

The Veteran's claims for service connection for PTSD, left shoulder bicipital tendonitis, major depressive disorder and anxiety disorder (NOS), left knee tendonitis, and cervical spine intervertebral disc disease (to include cervical strain) have all been denied. The effective dates for these awards have also been denied.

The Veteran's claim for service connection for left ear hearing loss has been granted, and a 100% disability rating is assigned effective from May 3, 2018. Claims for other conditions remain denied.

The Veteran's service-connected migraine headaches have been rated at the maximum schedular disability rating of 50 percent since July 12, 2010. Additionally, from July 12, 2010, a TDIU has also been granted due to the combined effect of multiple service-connected disabilities.

The appeal of the issue of entitlement to service connection for GERD is dismissed. The case has been returned to the Board due to a withdrawal by the Veteran.

The Veteran was granted an extraschedular TDIU from November 9, 2012 to December 13, 2012 due to his service-connected disabilities preventing him from securing or following a substantially gainful occupation.

The Board has reopened the Veteran's claims for service connection for tinnitus and allergies, but denied reopening of the claims for degenerative joint disease of the knees and depression. The case is remanded to obtain additional medical opinions regarding the etiology of back condition, cervical spine condition, and allergies.