Neck / cervical spine decisions — 2023

The Board has dismissed all service connection claims for various disabilities as the Veteran died during the appeal process.

The Board has remanded the claims for further development due to the need to obtain additional medical records, particularly from Italy where the Veteran worked as a civilian employee of the Department of Defense.

The Board has determined that additional medical opinions are needed to address the Veteran's claims for service connection for cervical spine disability, OSA disability, and headache disability. The remand is due to incomplete or insufficient medical opinions in previous VA examinations.

The Veteran is granted SMC benefits under Section 1114(o) for his service-connected disabilities and also SMC benefits at the (r)(1) rate due to need for regular aid and attendance. The issues of entitlement to SMC under Sections 1114(k), (l), and (m) are moot as they provide lesser benefits than Section 1114(o).

The Board has remanded the claims for service connection for DM, peripheral neuropathy of the upper and lower extremities due to in-service treatment records indicating a prior diagnosis.

The Board denied service connection for atrial fibrillation, coronary artery disease, cervical spine disorder, back disorder (likely thoracolumbar spine), carpal tunnel syndrome, and vertigo as secondary to the Veteran's service-connected fibromyalgia. The claims were remanded for further development.

The Veteran's claim for a TDIU prior to January 5, 2011 is being remanded due to the interrelated nature with his neck disability issue.,The Board finds that an addendum medical opinion is required regarding the Veteran's neck disability as it was based on inaccurate factual premises.

The Board has remanded the claims for service connection for multiple sclerosis and associated upper and lower extremity disorders, as well as muscle pain and spasticity disorder, vertigo, intermittent fecal incontinence not otherwise specified (bowel problems, gastrointestinal problems), neurogenic bladder disorder, and cervical spine disorder. The reasons are that there is insufficient evidence to determine the etiology of these conditions.

The Veteran's neck disability is granted as secondary to his service-connected residuals of post-operative fusion, spondylolysis with spondylolisthesis, L5-S1, and intervertebral disc syndrome (IVDS). The Veteran's bladder dysfunction is granted at a 40 percent rating prior to December 30, 2016. A total disability rating based on individual unemployability (TDIU) is granted.

The Board has remanded the Veteran's claims for service connection for back and neck disabilities due to insufficient medical evidence linking these conditions to his military service. The Veteran will need to provide updated VA treatment records and undergo VA examinations.

The Board has remanded the issues of entitlement to a compensable rating for residuals of left-hand ganglion cyst and entitlement to TDIU due to conflicting medical opinions regarding the source of the Veteran's symptoms.

The Board has denied the Veteran's claims for service connection for knee, lumbar spine, and cervical spine disabilities due to a lack of evidence showing these conditions were incurred or aggravated by military service.

The Board has remanded the Veteran's claims for service connection due to incomplete records and need for additional examinations. The issues include left shoulder, right shoulder, right ankle, stress disorder, GERD disability, cervical spine disability, bilateral hearing loss disability, and keratosis.

The Board has remanded the Veteran's claims of service connection for low back disorder, left knee disorder, right knee disorder, and cervical spine disorder due to a lack of treatment records and the need for additional medical opinions.

The Veteran's TDIU based solely on his service-connected cervical spine disability is granted, and he is also eligible for SMC at the housebound rate due to his other service-connected disabilities.

The Board has remanded the Veteran's claim of service connection for joint conditions including arthritis due to a lack of an adequate etiological opinion. The case is returned to the AOJ for further development and consideration.

The Veteran's claims for service connection for diabetes mellitus, degenerative arthritis of the lumbar spine, and degenerative arthritis of the cervical spine were denied. The Veteran's claim for a higher evaluation for hernia residuals with scarring was also denied.,Service connection was not granted as the evidence did not support a link between these conditions and service or any service-connected disabilities.

The Board has remanded the case due to the need for additional development, including obtaining a VA medical opinion regarding the Veteran's neck disability and its relationship to her service-connected low back disability and right lower extremity disability. The issues of reopening claims for service connection for headaches, right upper extremity disabilities, and left shoulder disabilities are also being remanded.

The Board has remanded the Veteran's claims for service connection due to insufficient verification of his periods of active duty, ACDUTRA, and INACDUTRA. The AOJ is instructed to identify these periods and obtain all outstanding service treatment records.

The Board has dismissed all claims of service connection due to the appellant's death.