Neck / cervical spine decisions — 2023

The Veteran's cervical neck disorder is rated at 30 percent effective January 29, 2021. He also received a separate rating of 30 percent for left upper extremity radiculopathy (lower radicular group) and 40 percent for right upper extremity radiculopathy (lower radicular group), both effective November 30, 2022.

The Board has determined that the Veteran's cervical and lumbar spine disabilities are not related to service, and therefore denied these claims.,The Board also found no current right hip disability at this time, thus denying the claim for a right hip disability.

The Veteran's claims for higher ratings for cervical spine disability, GERD, and right upper extremity radiculopathy were denied. The claim for service connection for asthma was also denied.

The Veteran's claim for a 100% rating for panic disorder, effective December 29, 2016, is granted. The Board finds that the evidence is at least evenly balanced as to whether the symptoms and overall impairment caused by the Veteran's panic disorder more nearly approximated total occupational and social impairment.

The Board has granted service connection for cervical-spine disorder, finding that the Veteran's current condition is proximately due to or made worse by events and activities during active service.

The Board has determined that the Veteran's appeals for cervical spine disability, left shoulder disability, right shoulder strain, and allergic rhinitis are remanded due to insufficient opinions in previous examinations. The VA is required to obtain new examination reports and opinions addressing all theories of entitlement.

The Board has denied service connection for chronic sinusitis, migraine headaches, and a cervical spine disability. The Veteran's osteopenia is remanded for further evaluation. Initial ratings are remanded for the left elbow disability, right knee degenerative joint disease, and left knee degenerative joint disease. A total disability rating based on individual unemployability due to service-connected disabilities is also remanded.

The Board has remanded several claims for additional development, including obtaining updated VA treatment records and attempting to obtain any outstanding private medical records. The Veteran's service-connected conditions include PTSD, cervical spine strain with degenerative arthritis, lumbar strain with intervertebral disc syndrome, left lower extremity radiculopathy, laparoscopic cholecystectomy with gastroesophageal reflux disease (GERD), and residual scars from the procedure.

The Board has determined that the effective dates for increased ratings need to be corrected, and new examinations are required due to the passage of time since previous evaluations.

The Board has remanded the claims due to inadequate VA examinations, and new examinations are needed to determine the severity of the Veteran's cervical spine and right shoulder disabilities throughout the entire appeal period.

The Veteran's claims for service connection for various conditions were denied as there was no current diagnosis or established link to service.,Right knee osteoarthritis and left knee osteoarthritis were also denied due to lack of evidence linking the conditions to service.

The Board has remanded the issues of service connection for a cervical spine disability, TDIU, erectile dysfunction, bladder disability as secondary to a back disability, and back surgical scars as secondary to a back disability due to incomplete development of records.

The Board has determined that a remand is required for the Veteran to be afforded VA examinations to determine the etiology of his claimed thoracolumbar and cervical spine disorders, as well as whether these conditions are related to service.

The Veteran's claim for an acquired psychiatric disorder due to MST has been reopened, but service connection is denied.,Service connection for a lumbar spine disorder and cervical spine disorder remains denied.

The Board has decided to remand the service connection claims for left knee, right knee, carpal tunnel of upper extremities, cervical spine, second toe of right foot, left shoulder, and right shoulder disabilities. The decision is based on the need for additional private treatment records.

The Board found that the withholding of VA disability compensation benefits for 69 training days in FY 2009 was proper and denied the Veteran's appeal.

The Board has remanded the claims for service connection due to inextricably intertwined issues and a need for further examination. The Veteran's bilateral pes cavus is being examined to determine if it was aggravated by his service.

The Board denied the Veteran's claims for service connection for a right shoulder disability and a neck disability, finding that there was no evidence linking these conditions to his military service.,There is current evidence of a right shoulder condition (rotator cuff tendonitis) and a neck disability, but the Board determined that neither condition is related to service.

The Board has remanded the case due to inadequate VA opinions and a missed VA examination. The Veteran's cervical spine disability is being reviewed again for proper service connection determination.

The Board has reopened the Veteran's claims for service connection for lumbar spine and cervical spine conditions, but has remanded these issues due to insufficient evidence. The claim for service connection for a scalp scar is also remanded.