Neck / cervical spine decisions — 2023

The Veteran's cervical strain is currently rated at 30 percent, effective November 17, 2022. The Board has granted separate ratings of 20 percent for left and right upper extremity neuropathy.,The TDIU claim is remanded as the Veteran's combined rating is now 100% due to her cervical strain and upper extremity neuropathy.

The Board has remanded the claims for service connection for various shoulder and knee disabilities, as well as cervical spine disability, all of which are claimed to be related to a motor vehicle accident in 1973. The appeals have been remanded due to inadequate examination reports that did not address each claim individually.

The Board has remanded the Veteran's claims for cervical spine, lumbar spine, and left shoulder disabilities due to incomplete examination reports and outstanding treatment records.

The Veteran's neck disability is currently rated at 20 percent, which is the maximum rating available under the General Rating Formula for Diseases and Injuries of the Spine. The Board found that the evidence did not show forward flexion limited to 15 degrees or less, favorable ankylosis of the entire cervical spine, or IVDS productive of incapacitating episodes requiring bed rest prescribed by a doctor for at least 4 weeks but less than 6 weeks during the past 12 months. The Veteran's disability picture is fully contemplated in the criteria for a 20 percent rating as currently assigned.

The Board has remanded the Veteran's claims for cervical spine and right shoulder disorders due to inadequate VA examinations. The Veteran is required to undergo new VA examinations to determine if his current conditions are proximately due to or aggravated by his service-connected right wrist disability.

The Veteran's claims for service connection have been reopened and are being remanded due to the submission of new evidence.,Service connection is also being remanded for lumbar spine, cervical spine, and acquired psychiatric disorder (including schizophrenia) disabilities.

The Veteran's right knee strain, left knee strain, and cervical strain have been granted service connection. For the period from February 26, 2013 to August 1, 2019, a rating of 70 percent for PTSD with alcohol use disorder has been granted. The Veteran's hip disabilities (right and left) are rated at 30 percent each since November 15, 2017. The Veteran's right and left hips have limitations in extension and flexion.

The Board has denied the Veteran's claim for service connection for a neck disability, finding that there is no evidence of chronic cervical spine arthritis during or within one year after service. The VA opinions provided in June and October 2022 are considered more persuasive than the Veteran's lay statements regarding his in-service injury.

The Board has denied service connection for chronic acid reflux and remanded the issues of service connection for a cervical spine disability, thoracolumbar spine disability, tinnitus, and an initial compensable rating for chronic sinusitis.

The Board has granted service connection for a cervical spine disorder, finding that the Veteran's pre-existing condition was aggravated by his period of active duty. However, it denied service connection for a cardiovascular disorder, concluding there is no clear and unmistakable evidence to support its claim.

The Board has remanded the Veteran's claims for cervical spine IVDS and gastritis due to insufficient medical opinions addressing causation and aggravation.

The Veteran's claim for a higher rating for left shoulder degenerative arthritis is denied.,The claims for higher ratings for cervical spine and lumbar spine disabilities are remanded, as further development is needed to determine the extent of current disability.,The Veteran's claim for a TDIU is also remanded.

The Veteran's claim for a disability evaluation in excess of 20 percent for service-connected lumbosacral strain has been denied.,The Veteran's claims for service connection for residuals of a head injury (claimed as traumatic brain injury (TBI)), and a cervical spine condition, as secondary to service-connected left knee disability and/or lumbosacral strain have been remanded.

The Veteran's appeal is remanded for further development and examination to determine the severity of his right foot disability, as well as the etiology of his claimed TBI, neck, and nose disabilities. The claims for service connection are also remanded.

The Veteran's onychomycosis was rated as noncompensably disabling under the old rating criteria, and no increased rating is warranted.,Claims for service connection of lumbar spine disability, cervical spine disability, and left hip disability are remanded due to new evidence potentially being received.,No specific exposure basis or Pact Act involvement is mentioned.

The Board has remanded the Veteran's claims for cervical spine and right arm disabilities due to inadequate medical opinions in previous examinations. A new VA examination is required to address the nature and etiology of her cervical spine and right arm disabilities, considering her service history and lay statements.

The Veteran's claim for service connection for a neck disability was denied as the current cervical spine degenerative arthritis with disc disease is not etiologically related to his period of service.,The reduction in rating from 10 to 0 percent for fibromyalgia effective September 1, 2017 was granted and the Veteran's former 10 percent rating was restored.

The Board has granted service connection for gastroesophageal reflux disease, stomach ulcer, inflammatory bowel disease, and cervical spine disorder. The conditions are found to be related to service.

The Veteran's unauthorized medical expenses incurred at OSF Saint Anthony Medical Center on March 21, 2017 are now covered by VA as the treatment was deemed necessary due to a 'medical emergency' and no feasible VA facility was available.

The Veteran's TDIU claim is granted from February 14, 1997 to September 26, 2003 due to his service-connected cervical spine disability.