Neck / cervical spine decisions — 2023

The Board has granted service connection for a neck disability, radiculopathy of the upper extremities as secondary to a service-connected neck disability, and headaches as secondary to a service-connected neck disability.

The application to reopen the claims for cervical spine disability, bilateral foot disability (to include pes planus), bilateral hearing loss, IBS, and lumbar spine disability is granted.,The applications to reopen the claims for cervical spine disability, bilateral foot disability (to include pes planus), bilateral hearing loss, IBS, and lumbar spine disability are remanded.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for additional medical opinions regarding his lumbar spine, cervical spine, and left knee disabilities. The issues include determining if these conditions are related to service or secondary to other service-connected conditions.

The Board has found that the appellant's hearing loss disability is not more severe for compensation purposes during the period on appeal than demonstrated on the audiological evaluations discussed above.,VA has failed to obtain the appellant's service treatment records and has determined that further attempts to obtain them would be futile.

The Veteran's service-connected cervical and thoracolumbar spine disabilities, along with associated radiculopathy, are found to be of sufficient severity to produce unemployability since January 6, 2016.

The Veteran's appeal for service connection for tinnitus, cervical spine disorder, and sebaceous cyst disorder was denied. The appeal for a higher rating for carpal tunnel syndrome prior to July 30, 2021, is granted with a 30 percent disability rating. The appeal for TDIU is remanded.

The Board has dismissed the appeals for service connection of right knee injury, degenerative disc disease (claimed as cervical neck injury), and sleep apnea due to the death of the appellant.

The Veteran's claim for service connection for a cervical spine disorder is granted. The claim of entitlement to an initial compensable disability rating from August 5, 2015, and in excess of 10 percent from August 26, 2021, for allergic rhinitis is denied. The Veteran's claim for TDIU effective from July 1, 2018, is granted.

The Veteran's appeals for higher ratings for Major Depressive Disorder and Degenerative Disc Disease were denied, as the medical evidence did not support a rating in excess of 50 percent and 10 percent respectively. The appeal for service connection for a Cervical Spine Disorder was also denied due to lack of current diagnosis.

The Veteran's neck disability is rated at 30 percent effective October 25, 2016. The rating was denied prior to that date.

The Board has denied the Veteran's claim for service connection for a recurrent cervical spine disability, finding that there is no nexus between her current condition and active service or any service-connected disability. The Board found conflicting evidence regarding onset of symptoms and concluded that the Veteran's neck condition is not related to service.

The Veteran's appeal for a higher rating for left knee patella tendonitis with shin splints was denied as his symptoms did not meet the criteria for a higher rating.,Service connection for a cervical spine condition was denied due to lack of evidence linking the current condition to service.

The Veteran's lumbosacral strain and cervical DDD, C5-C6, have been granted increased evaluations.,Separate evaluations for LLE radiculopathy, RLE radiculopathy, LUE radiculopathy, and RUE radiculopathy have also been granted.

The Veteran's cervical spine disability is currently rated at 30 percent, but the Board finds that a higher rating is not warranted.,The Veteran's radiculopathy of the upper right arm is currently rated at 40 percent, which meets the criteria for this condition.,Bilateral hearing loss does not meet the criteria for a compensable disability rating under VA regulations.,There is no evidence to support service connection for hypertension or radiculopathy of the right leg.

The Board has remanded the Veteran's claims for cervical spine, lumbar spine, left ankle, and right ankle disorders due to incomplete examination results. The Veteran will need to reschedule his examinations or telehealth interviews.

The Board denied the Veteran's claim for service connection for a neck disorder, finding that his pre-existing neck disorder was not aggravated by service and is not related to his service-connected left shoulder disability.

The Veteran's appeal for a higher rating for his cervical spine disability was remanded due to the inadequacy of the November 2021 VA examination. The Board ordered a new examination to address the presence of flare-ups as described in prior examinations.

The Veteran's claims for service connection are being remanded due to inadequate development. Specifically, the Board finds that another VA examination and opinion is required for his anemia claim, neck disability claim, cervical radiculopathy of the right upper extremity claim, cervical radiculopathy of the left upper extremity claim, right foot pes planus claim, and left foot pes planus claim.

The Veteran's claim for service connection for OSA has been granted, and he is also granted increased ratings for his TMJ dysfunction, cervical strain, left shoulder impingement syndrome, and lumbar spine strain.

The Board has remanded the Veteran's claims for service connection for degenerative disc disease of the lumbosacral spine and a cervical spine condition secondary to her low back injury due to failure to appear for VA examinations. The Veteran is advised that she must report for these examinations.