Neck / cervical spine decisions — 2023

The Veteran's claims for service connection of various conditions have been dismissed as the Veteran withdrew them prior to a decision being made.

The Board has granted service connection for a cervical spine disability and right shoulder disability, finding that the Veteran's conditions are etiologically related to his time in service.

The Veteran's headache disability is granted as secondary to service-connected PTSD with major depressive disorder. The cervical spine, bilateral hip, and bilateral knee disabilities are remanded for further examination and opinion.

The Board has remanded the cases for further examination and evaluation due to inadequate findings regarding the severity of the Veteran's service-connected left shoulder and cervical spine disabilities during flare-ups and on repeated use over time.

The Board has remanded the case due to incomplete compliance with prior remand instructions regarding a retrospective examination of the Veteran's cervical spine disability.

The Veteran's cervical spine disability is currently rated at 20 percent, and the Board finds that a higher rating is not warranted based on the evidence of record.

The Veteran's claims for increased ratings for migraines, cervical disability, and left knee disability were denied. The rating for migraines was not granted as the attacks did not meet the criteria for a higher rating. For cervical disability, the claim was denied as the current rating already reflects the maximum schedular rating. For left knee disability, no specific rating was assigned.

The Board has remanded the Veteran's claims for bilateral hearing loss, neck disability, left arm disability, and left shoulder disability due to insufficient evidence in the record. The claims are being returned for further development.

The Veteran's service-connected cervical spine disability and bilateral upper extremity radiculopathy have been granted. The left ankle sprain rating has been restored to 20 percent effective October 27, 2014.

The Veteran's claim for a higher rating for his service-connected cervical strain is denied as the evidence does not show that the limitation of motion of the cervical spine is less than 30 degrees, which would warrant a 20% rating.

The Board has granted a 20 percent rating for the Veteran's neck disability, effective from July 31, 2018. The decision is based on evidence showing that the Veteran's forward flexion of the cervical spine was limited to 30 degrees and does not support findings of less than 15 degrees or ankylosis.

The Veteran's cervical spine disability was initially rated at 10 percent prior to July 11, 2018. Effective from July 11, 2018, the Veteran is now entitled to a rating of 20 percent for his cervical spine disability.

The Veteran's claims for increased ratings and a TDIU are being remanded due to the need for additional development, including new examinations that comply with prior Board instructions.

The Board has remanded the case due to a need for additional medical examination and opinion regarding service connection for arthritis of multiple joints, including bilateral hips, knees, hands, thumbs, ankles, lumbar spine, and cervical spine.

The Board has remanded the claims for service connection due to insufficient evidence regarding exposure to toxins and environmental hazards while stationed at Fort McClellan, Alabama.

The Board has remanded the Veteran's claims for service connection due to inadequate VA examinations and insufficient evidence regarding the etiology of his neck, bilateral carpal tunnel syndrome, and back disabilities. The Veteran is also being asked to provide additional information about flareups and repeated use over time.

The Board has remanded several claims for further action, including the assignment of effective dates and the need for new VA examinations. The Veteran's service-connected cervical strain, lumbar strain, right upper extremity radiculopathy, left upper extremity radiculopathy, right lower extremity radiculopathy, and left lower extremity radiculopathy are all under review.

The Veteran's claim for TDIU prior to October 21, 2017 was denied as he maintained full-time employment and earned above the poverty level. The Board found that there has not been substantial compliance with the remand instructions regarding the cervical strain rating. The case is REMANDED for further development.

The Board has denied the Veteran's claims for left ankle disability and vision disability, but has reopened the claim for neck disability. The case is REMANDED to evaluate whether the Veteran's neck disability is related to his service-connected disabilities.

The Veteran's service-connected degenerative disc disease of the lumbar spine and cervical spine have been remanded for further development due to insufficient medical evidence from a previous examination in April 2013. A new VA examination is needed to assess the current severity of his disabilities, including retroactive opinions based on Correia v. McDonald (2016) and Sharp v. Shulkin (2017).