Neck / cervical spine decisions — 2023

The Board has dismissed the appeal due to a withdrawal request from the Veteran's authorized representative.

The Veteran's appeal is being remanded due to his failure to report for VA examinations and the need for additional medical opinions regarding various service connection claims.

The Board has decided that the Veteran does not have a current hearing loss disability for VA compensation purposes and denied service connection for bilateral hearing loss. The remaining issues are remanded due to insufficient medical opinions.

The Board has remanded the claims for additional development due to address issues and VA representative withdrawal. The Veteran's cervical spine strain, left knee disability, right knee disability, right wrist carpal tunnel syndrome, bilateral pes planus, and vitamin D deficiency are all being reviewed.

The Board has determined that additional VA examinations are needed to evaluate the Veteran's service-connected cervical spine, left and right shoulder, left and right wrist, sinusitis, colon polyp, and skin disabilities due to their recent onset or lack of treatment records. The Veteran is also required to undergo an examination for his claimed low back disorder and bilateral hearing loss/tinnitus.

The DIC claim is denied as the Veteran did not meet the statutory duration requirement for a 100% rating at the time of his death. The cause of death remanded due to insufficient evidence regarding the relationship between the Veteran's service-connected conditions and his death.

The Board has remanded the claims for low back and cervical spine/upper back disabilities due to new evidence submitted by the Veteran. The claims are now pending for further evaluation.

The Veteran's claim for a TDIU is remanded due to incomplete records from his neck surgery and the need for him to submit a VA Form 21-8940.

The Board denied service connection for a low back disability, cervical spine disability, and heart disability (to include CAD) due to lack of evidence showing chronicity during or after service.,Service connection was not granted as the Veteran's disabilities are considered to be related to natural aging processes rather than service.

The Veteran's appeal for service connection for depression, secondary to a back disability (spondylolysis), has been dismissed. Service connection is granted for the Veteran's back disability, radiculopathy of the left and right lower extremities, and neck disability.

The Board denied service connection for neck disability, change in color in the hands, headaches, and weakness in the arm and numbness in the fingers.,No effective date was granted as all claims were denied.

The Board has remanded the Veteran's claims for increased disability ratings for his low back and neck disabilities, as well as a claim for TDIU due to service-connected disabilities. The Veteran is required to undergo VA examinations to assess the severity of his lumbar spine strain with IVDS and cervical spondylosis with IVDS, and VA must consider the Veteran's employment history in determining whether he is unemployable.

The Veteran's petition to reopen a claim of service connection for upper back pain, previously claimed as neck disability, to include left arm was denied. The Board found that the new evidence did not show upper back disability due to an in-service injury, illness, or event.,The Veteran's claim for earlier effective date for TBI with headaches was denied because there was no CUE in the September 1998 rating decision denying service connection for headaches. The Board concluded that the correct facts were before the AOJ at the time of the decision and that the applicable statutory and regulatory provisions were correctly applied.,The Veteran's claim for TDIU due to service-connected disabilities was granted.

The Board denied service connection for allergic rhinitis, a respiratory disability (asthma), a cervical spine disability, and a lumbar spine disability due to the lack of current diagnoses.

The Veteran's claim for reopening service connection for a cervical spine disorder was denied due to lack of new and material evidence. The case is remanded for an increased rating in excess of 70 percent for PTSD from August 18, 2014.

The Board has denied the Veteran's claims for service connection for degenerative arthritis of the left hip, right hip, and cervical spine. The evidence does not support a finding that these conditions are related to his military service or any service-connected condition.,Specifically, multiple VA examiners have found no evidence linking the Veteran's current hip and cervical spine disorders to his in-service meningococcemia.

The Veteran's service connection claim for a bilateral hearing loss disability was denied, and his TDIU claim was also denied. The Board found that the Veteran did not have a current diagnosis of a bilateral hearing loss disability for VA compensation purposes and that he could secure and follow substantially gainful employment despite his service-connected disabilities.

The Board has remanded the claims for cervical spine disability and PTSD due to a lack of adequate medical opinions regarding the relationship between the Veteran's conditions and service. The Veteran was scheduled for an examination but did not attend, so further attempts are needed.

The Veteran was granted a TDIU prior to July 6, 2020 due to his service-connected disabilities. From July 6, 2020, the claim for a TDIU is denied as he was incarcerated for a felony conviction.

The Veteran's appeals for various disability ratings have been dismissed due to his withdrawal of the appeal.