Neck / cervical spine decisions — 2023

The Veteran's increased rating claims for left foot plantar fasciitis, cervical spine disability, and left knee patella tendonitis are being remanded due to the inadequacy of prior VA examination reports.,Specifically, the June 2016 and August 2019 VA examination reports for cervical spine disability were found to be inadequate for adjudication purposes.

The Veteran's cervical spine disability, neuropathy of the left upper extremity, and neuropathy of the right upper extremity are remanded for further development. The lumbosacral strain with degenerative disc disease is also remanded for a new rating determination.

The Board dismissed all appeals as the appellant died during the pendency of the appeal.

The Veteran is granted effective dates of January 28, 2004 for the grant of service connection for right knee strain, left knee strain, osteoarthritis of the lumbar spine, cervical spine disability, and allergic rhinitis.

The Veteran's radiculopathy of the right upper extremity is granted at a 40 percent rating, effective from March 16, 2012. The other issues related to cervical spine and upper extremities have been resolved with either grants or denials.

The Veteran's hypertension is denied as there is no evidence of a connection to his military service.,The Veteran's left shoulder disability and right shoulder disability are both denied due to lack of in-service injury, illness or event.

The Board has determined that the Veteran's neck disorder (cervical strain) is related to his military service, and thus service connection for this condition is granted.

The Veteran's PTSD is granted a 70% rating, effective from the date of the decision. Other disabilities are also addressed and rated appropriately.

The Veteran's loss of portion of skull, stiffness and loss of motion of cervical spine post laminectomy, and unspecified neurocognitive disorder (UNCD) and unspecified depressive disorder are all granted. The Chiari I malformation and its residuals, including vertigo, remain under review.

The Veteran's neck disability, including cervical spondylosis, was not shown to be causally or etiologically related to any disease, injury, or incident during service.,The Veteran's back disability has been denied as his claim for an increased rating was not supported by a current VA examination.

The Veteran withdrew his appeal for service connection of a cervical spine disorder, and the Board dismissed the claim as a result.

The Board has remanded the case for further development regarding the Veteran's claims of service connection for COPD, specifically due to exposure to TCE and bronchitis during service.

The Veteran's urge incontinence is rated at 60 percent from September 11, 2017 to December 9, 2019. A higher rating of over 60 percent for this period is denied. The Veteran's neck disability is rated at 20 percent since August 15, 2011 and 20 percent thereafter. An initial rating of 50 percent for her right upper extremity radiculopathy is granted.

The Board has decided to remand the case due to inadequate development and because of concerns about the accuracy of a previous VA examiner's opinion. The Veteran is seeking service connection for neck disability, including left upper extremity nerve symptoms.

The Board has denied the Veteran's petitions to reopen his claims for service connection for cervical and lumbar osteoarthritis, finding that new and material evidence was not received since the June 2017 rating decision.

The Board has remanded the Veteran's claims for service connection for cervical spine, right ankle, and left ankle disabilities due to inadequate medical opinions in previous examinations. The case will be returned for further examination and opinion.

The Veteran's claims for bilateral hearing loss, tinnitus, hypertensive vascular disease, prostate cancer, cervical spine disorder (arthritis), and PTSD have been dismissed due to the Veteran withdrawing his appeals.,The Veteran's claim for secondary service connection for obstructive sleep apnea has been granted.

The Veteran's cervical spine disability and upper extremity radiculopathy were denied as the evidence did not meet the criteria for higher ratings under VA rating criteria.

The Veteran's cervical spine condition is granted as service-connected due to an in-service fall.,A 100 percent rating for unspecified schizophrenia with TBI and polysubstance abuse from May 9, 2011 is granted. The headaches associated with the condition are not separately rated.

The Veteran's claim for an initial compensable rating for headaches has been denied. The Board found that the evidence did not show characteristic prostrating attacks averaging one in two months, which is required for a 10% rating under DC 8100. The claims of service connection for lumbar spine disability, cervical spine disability, groin injury residuals, and erectile dysfunction are remanded due to inadequate development.