Neck / cervical spine decisions — 2023

The Veteran's cervical spine disorder has increased in severity, and he is also seeking a TDIU prior to August 27, 2018. The Board finds that both issues require additional development.

The Veteran's claim for a total disability rating based upon individual unemployability (TDIU) prior to February 5, 2020 is being remanded due to the need for extraschedular consideration.

The Veteran's initial claim for a higher rating of cervical spine disability was granted, but the Board found that an increased rating is not warranted. The case regarding service connection for colon polyps remains pending.

The Board has denied service connection for sleep apnea and remanded the issue of service connection for a cervical spine disability due to an inadequate VA opinion.

The Board has remanded the Veteran's claims of service connection for cervical and lumbar spine disabilities due to inadequate prior examination opinions and missing records. The Veteran contends his current conditions are related to military service, including a 2003 motor vehicle accident in Iraq.

Service connection is granted for hemorrhoids. Service connection is denied for bilateral hearing loss, chest pain, lower back condition, and cervical spine condition.,A rating higher than 10 percent for allergic rhinitis is denied.

The Board has dismissed the Veteran's appeals for service connection on all four issues due to his death.

The Board has determined that the VA examinations and opinions provided are incomplete, and thus, there has not been substantial compliance. The claims for service connection of right shoulder disorder, left shoulder disorder, and cervical spine disorder (neck disability) are remanded for additional development.

The Veteran's claim for a TDIU prior to May 20, 2013 is being remanded as the Board finds that it raises a question of whether he was capable of maintaining substantially gainful employment due to his service-connected disabilities.

The Board has remanded the Veteran's claims for increased ratings and earlier effective dates for his service-connected cervical spine, right knee, and left knee disabilities due to inadequate examinations and lack of information on flare-ups.

The Board has granted the Veteran's claim for service connection for a cervical spine disorder, finding that his current diagnosis is more likely than not related to his active service.

The Veteran meets the schedular requirement for TDIU due to his service-connected cervical spine degenerative arthritis, thoracic spine fractures and degenerative arthritis, bilateral knee retropatellar syndrome, and tinnitus that render him unable to follow a substantially gainful occupation from November 16, 2013 to March 15, 2015.

The Veteran's claim for a compensable disability rating for pseudofolliculitis barbae is remanded due to the need for an examination based on all of the evidence.,The Veteran's claim for a disability rating in excess of 10 percent for myositis of right hip with exostosis of right ilium is remanded due to the need for range of motion testing and consideration of flare-ups.,The Veteran's claim for a disability rating in excess of 30 percent for herniation of cervical spine is remanded due to the need for an examination that includes passive range of motion measurements.

The Veteran's cervical spine degenerative arthritis and left upper extremity radiculopathy are granted as service connected.,From May 23, 2016 to August 21, 2018, the Veteran is granted a TDIU due to his service-connected disabilities.

The Veteran's cervical strain and upper extremity radiculopathy have been rated based on their severity, with some issues remanded for further review.,TDIU is also being remanded.

The Board has remanded the issue of service connection for cervical spondylosis as secondary to residuals, low back injury due to insufficient medical opinion. The Veteran's claim will be reviewed with an addendum medical opinion.

The Veteran's application to reopen claims for service connection for cervical spine arthritis, lumbar spine arthritis, disc bulges, and right ankle arthritis was dismissed. The appeals for seborrheic dermatitis, right knee disability, TMJ, and major depressive disorder were granted.,The Veteran is now entitled to an increased rating of 40 percent for his right foot disability, a 50 percent rating for his right wrist degenerative arthritis from April 26, 2016, and a TDIU from August 8, 2016 to October 19, 2020.

The Board denied service connection for cervical and thoracolumbar spine disorders, finding no evidence of a current disability related to service or the presumption period.

The Board has decided to remand the case due to lack of substantial compliance with its prior remand, and a need for further examination to determine the nature and etiology of the Veteran's cervical spine disability.

The Veteran's service connection claims for intermittent tension headaches, cervical spine degenerative arthritis and degenerative disc disease other than IVDS, right hip strain and trochanteric pain syndrome, left hip strain and trochanteric pain syndrome, and pan sinusitis of the sphenoidal and maxillary sinuses with bilateral mastoid effusions have all been granted due to presumed exposure during service in Southwest Asia.