Neck / cervical spine decisions — 2023

The Board has remanded the Veteran's claims for service connection for cervical spine, thoracolumbar spine, and right knee disabilities due to inadequate medical opinions and failure to verify all periods of active service.

The Veteran's left knee limitation of extension is currently rated as noncompensable, with no evidence showing it limited to 10 degrees or less.,There is insufficient evidence to establish a service connection for a cervical spine disorder. The Board finds that the Veteran did not have a cervical spine disability during his active service and there is no competent evidence of record showing its onset within one year post-service.

The Veteran's right and left cervical radiculopathy ratings were restored to 40% and 20%, respectively, effective September 1, 2015. The Board found the reduction not proper due to lack of evidence of improvement in function under ordinary conditions.

The Veteran's thoracolumbar ankylosing spondylitis is currently rated at 40 percent, but the VA examiner found no signs of unfavorable ankylosis. The Veteran has forward flexion to only 30 degrees in non-weight bearing mode and 60 degrees in weight bearing mode (reduced to 50 degrees after three repetitions).,The Veteran's cervical spine ankylosing spondylitis is currently rated at 30 percent, with favorable ankylosis. The VA examiner found no signs of unfavorable ankylosis. The Veteran has forward flexion of only 5 degrees in both weight bearing and non-weight bearing modes.

The Board denied requests for earlier effective dates for service connection of Traumatic Brain Injury and a neck disability, finding that the earliest diagnoses occurred in April 1973 and April 2001 respectively, and thus the earliest date entitlement arose. The effective dates were set at March 17, 2016, for TBI, and February 24, 2012, for neck disability.

The Board has remanded the Veteran's claims for a cervical spine condition and right wrist condition due to inadequate VA opinions. The Veteran is seeking service connection for these conditions, with one potentially related to his service-connected lumbosacral strain.

The Board has remanded the claims for service connection due to failure of the Veteran to attend scheduled VA examinations. The case is returned to the AOJ for further development.

The Veteran's service-connected disabilities did not meet the schedular requirements for a TDIU and did not preclude him from obtaining and maintaining substantial gainful employment.

The Board has remanded the Veteran's claims for service connection for various conditions, including an acquired psychiatric disorder and hypertension. The issues are inextricably intertwined with his claim of service connection for a psychiatric condition.

The Veteran's PTSD is currently rated at 50 percent, and the Board denied a higher rating.,The Veteran was granted TDIU based on his service-connected disabilities.

The Veteran's scar of the cervical spine is not found to have any disabling effects, and therefore does not meet the criteria for a compensable rating under Diagnostic Code 7805.

The Board denied the Veteran's claim for service connection for a cervical spine disability, finding that there was not enough evidence to support a link between his current condition and his in-service injury. The Board concluded that the Veteran did not meet the third prong of the test for entitlement to service connection.

The Veteran's service-connected disabilities do not prevent him from securing or following a substantially gainful occupation, as his non-service-connected ankle and feet conditions also limit his employment.

The Board has remanded several claims for additional review due to the receipt of new VA clinical documentation. The Veteran was not provided an opportunity to waive initial review, and thus the case must be returned to the Agency of Original Jurisdiction (AOJ) for readjudication.

The Veteran's claim for an increased rating for cervical spine disability was denied, with the effective date of the increase being November 11, 2017.

The Board has remanded the Veteran's claims for an increased rating for his right shoulder disability, service connection for a back disorder, and TDIU due to additional relevant evidence received since the last decision.

The Veteran's cervical spine disability is related to her active duty service in the U.S. Army, and the Board has granted service connection for this condition.

The Board has denied reopening of the claims for service connection for left hip arthritis, left knee arthritis, and degenerative joint disease of the cervical spine with bilateral upper extremity radiculopathy due to lack of evidence relating these conditions to military service.

The Board denied service connection for various conditions including psychiatric disorders, hip disabilities, shoulder and knee disabilities, ankle disabilities, foot disabilities, cervical spine disability, lumbar spine disability, radiculopathy of upper and lower extremities, and sleep apnea due to lack of current diagnoses or evidence linking these conditions to the appellant's military service.

The Veteran's right shoulder disability is now rated at 40 percent, effective April 1, 2021. His neck disability remains at a 30 percent rating since April 1, 2021.