Neck / cervical spine decisions — 2023

The Board has remanded the Veteran's claims of service connection for a cervical spine disorder, right lower extremity radiculopathy, and knee disabilities due to insufficient medical opinions regarding their etiology. The VA examinations are also needed to assess the current severity of his knee disabilities.

The Board has remanded the Veteran's claims for cervical strain and lumbar strain with unfused apophysis at L-4 and degenerative joint disease due to incomplete VA medical treatment records and the need for updated VA examinations.

The Board has granted service connection for sleep apnea as secondary to the Veteran's service-connected depressive disorder, but denied service connection for cervical spine and low back conditions. The claims of service connection for coronary artery disease (CAD) and hypertension are remanded.

The Board has determined that the VA medical opinions obtained in August 2022 are inadequate and requires further examination to determine the etiology of the Veteran's right knee and cervical spine disabilities.

The Veteran's service connection claim for hypertension is denied as there is no current diagnosis of hypertension.,The Veteran's cervical spine disability, rated at 20%, is not entitled to a higher rating due to the lack of ankylosis or incapacitating episodes of intervertebral disc syndrome (IVDS).,Prior to November 4, 2022, the Veteran's headaches are granted a noncompensable evaluation. Since then, he has been granted a 50% evaluation for very frequent prostrating attacks.,The Veteran is granted an initial 10% evaluation for urticaria throughout the appeal period.

The Veteran's appeal to reopen a claim of entitlement to service connection for cervical strain based on the receipt of new and material evidence is granted. The issues of service connection for PTSD, left carpal tunnel syndrome, right carpal tunnel syndrome, hemorrhoids, right hallux valgus, left hallux valgus, lumbar disc disease and strain, degenerative joint disease of the left knee, right knee tendonitis, and generalized anxiety disorder are all remanded.

The Veteran's cervical spine disability, including degenerative arthritis and ankylosing spondylitis, is rated at 20% throughout the appeal period. Separate ratings of 40% for right upper extremity radiculopathy and 20% for left upper extremity radiculopathy are also granted.

The Board has remanded the Veteran's claims for cervical spine condition and hypertension due to insufficient medical opinions regarding their etiology. The Veteran contends her conditions are related to in-service injuries, but VA examiners have not provided adequate rationale.

The Veteran's claims for increased ratings and entitlement to total disability rating based on individual unemployability (TDIU) were denied as the Veteran failed to report for scheduled VA examinations, which were necessary to evaluate her service-connected conditions.

The Board dismissed all appeals regarding service connection and increased ratings, as well as earlier effective date claims for the Veteran's conditions.

The Board has determined that the VA examinations provided for each condition were inadequate and remanded these issues back to the agency of original jurisdiction (AOJ) for further development.

The Board has determined that the claims for a compensable rating for a hernia and a rating greater than 10 percent for a neck disability need to be remanded due to incomplete development. The Veteran will need to provide any outstanding treatment records, and a new VA examination is required to assess the severity of his service-connected disabilities.

The Veteran's claim for a higher initial rating for cervical spine degenerative disc disease is granted, and the claims for sinusitis, cervical spine radiculopathy, left upper extremity radiculopathy, and left ankle arthritis are remanded.

The Board has granted service connection for a right shoulder condition and a cervical spine condition, but has remanded the cases of bowel incontinence and headache condition due to insufficient medical opinions.

The Board has remanded the claims for further development due to insufficient evidence regarding the etiology of the Veteran's left eye disability and cervical spine disability.

The Board has remanded the TDIU issue due to unresolved service connection claims for low back disability, neck disability, and radiculopathy. The TDIU claim will not be processed until these intertwined issues are resolved.

The Board has remanded the case due to insufficient evidence and need for additional examinations. The Veteran's PTSD and cervical spine disorder are both being reviewed.

The Board has determined that the appellant's current neck disability is as likely as not due to repeated falls caused by his service-connected orthopedic and neurological disabilities, granting him service connection on a secondary basis.

The Board denied service connection for a cervical spine disorder, finding that the Veteran's condition is not related to his military service and is more likely due to natural progression of age-related degenerative changes.

The Board has remanded the Veteran's claims for PTSD, bilateral leg disability, neck disability, lung condition, and chronic sinusitis due to incomplete development of records. The VA must obtain updated treatment records and VistA Imaging records, provide addendum opinions regarding the Veteran's disabilities, and issue an SSOC addressing the additional evidence.