Neck / cervical spine decisions — 2023

The Board has remanded the case due to inadequate VA opinions regarding the Veteran's neck disability, and further development is required.

The Veteran's claims for service connection and rating increases are being remanded due to the receipt of additional VA treatment records. The Board will review all evidence, including new records, and issue a Supplemental Statement of the Case (SSOC).

The Board has found that VBA did not substantially comply with the prior remand directives and has ordered additional development, including obtaining copies of State Disability Insurance (SDI) benefits records.

The Veteran's cervical spine disorder is denied as not related to service. For the lumbar spine, a rating in excess of 10 percent prior to July 6, 2020 and from July 6, 2020 is also denied due to lack of incapacitating episodes or ankylosis. Right knee chondromalacia and left knee chondromalacia are each rated at the maximum allowable rating.

The Veteran's neck disability is not service-connected as it did not begin during active service or manifest within a year thereafter.,His low back condition was first noted in service, but the VA examiner opined that it is less likely caused by his military service.

The Board has remanded the claims of service connection for cervical radiculopathy, bilateral hip/leg arthritis condition, headaches, and lung condition. The neck condition claim is also being remanded as it is inextricably intertwined with the cervical radiculopathy claim.

The Board has remanded the Veteran's claims for cervical spine, bilateral knee, bilateral eye condition, and left ear hearing loss as they are related to service. The claims will be reviewed again with new evidence and opinions from VA examiners.

The Veteran's service-connected disabilities, including his right shoulder impingement syndrome and degenerative disc disease of the lumbar spine, have rendered him unable to secure or follow a substantially gainful occupation since May 6, 2011.

The Board has granted service connection for a left knee disability, but the claims for neck and lumbar spine disabilities as well as dizziness are remanded due to insufficient evidence.

The Board denied service connection for a cervical spine disability on direct basis due to lack of evidence showing the condition was incurred during active service or within one year after service.

The Board has decided the initial rating for insomnia and remanded the claims for migraine headaches, cervical strain, thoracolumbar strain, and service connection for benign neoplasm of the skin.

The Board denied the Veteran's claim for service connection for a cervical spine disability, finding that there was no evidence linking his current condition to his military service.

The Board denied the Veteran's claim for service connection for a back disability, finding that there was no evidence of a chronic disease in service and insufficient continuity of symptomatology to establish a current disability. The Board also found that her current diagnoses were not related to her military service.

The Veteran's claim for a rating in excess of 10 percent for service-connected degenerative disc disease of the cervical spine was denied. The claims for an initial compensable rating for plantar warts of the left foot and service connection for hammer toes of the right foot were remanded.

The Veteran's increased rating claims for right upper extremity radiculopathy, neck disability (IVDS and degenerative arthritis), and left upper extremity radiculopathy have been denied. The current ratings of 40%, 20%, and 20% are not sufficient to meet the criteria for a higher rating.

The Board denied service connection for a left shoulder disorder and a cervical spine disorder, finding that the evidence did not support a direct link to service.

The Veteran's cervical spine DJD received a 20% rating from December 12, 2011 to January 28, 2014. The entire period saw a 20% rating for the left upper extremity radiculopathy and a 70% rating for major depressive disorder. A TDIU was granted starting from January 27, 2019.

The Board has remanded several claims, including those for hepatitis C and its secondary conditions, as well as the bilateral knee disability and back/neck disabilities. The TDIU claim is also deferred due to being inextricably intertwined with these issues.

The Board has dismissed the appeal of the ratings for the Veteran's service-connected cervical and lumbar spine disabilities.

The Board has granted service connection for right shoulder rotator cuff tendonitis, left shoulder rotator cuff tendonitis, left subacromial/subdeltoid bursitis and left acromioclavicular joint osteoarthritis, and cervical intervertebral disc syndrome and cervical degenerative disc disease and myelomalacia due to these conditions being proximately due or aggravated by the Veteran's service-connected disabilities.