Neck / cervical spine decisions — 2023

Service connection is granted for migraine headaches and pes planus. The Veteran's sinusitis, anxiety, chest pains, neck disability, radiculopathy in the left upper extremity, and residuals of a head injury/ TBI are being remanded for further development.,The Board has determined that additional evidence is needed to properly adjudicate the claims of service connection for sinusitis, an acquired psychiatric disorder (claimed as anxiety), chest pains, neck disability, radiculopathy in the left upper extremity, and residuals of a head injury/ TBI.

The Veteran's appeals for TDIU and higher ratings for left upper extremity radiculopathy and cervical spondylosis with intervertebral disc syndrome have been dismissed due to his withdrawal of the appeal.

The Board has denied the Veteran's claims for service connection for cervical spine, bilateral knee, and bilateral hip disabilities due to a lack of evidence linking these conditions to his military service.

The Veteran's appeals for service connection for migraine headaches, bilateral carpal tunnel syndromes of the upper extremities, and a sleep disorder have been dismissed as they are not eligible for review under the AMA system.

The Veteran's claim for an increased rating for his service-connected cervical spine disability is remanded due to inadequate VA examinations. A new examination is needed to assess the severity of his condition and determine if he is entitled to a higher rating.

The Veteran's claims for higher ratings and an earlier effective date for his service-connected cervical spine, right knee, and left knee disabilities are being remanded due to inadequate examination reports.

The Veteran's cervical spine disability and cervical radiculopathy are granted as service connected. The cervical radiculopathy is also granted as secondary to the cervical spine disability.

The Board has determined that additional development is needed to address the Veteran's claims for service connection for various conditions, including lumbar spine disorder, right and left shoulder disorders, cervical spine disorder, left and right ankle disorders, headaches, chronic pain syndrome, left shin splints, and right shin splints. The case is being remanded to allow for further examination and medical opinions.

The Veteran's cervical spine condition is rated at 30 percent from April 29, 2016, to April 15, 2018, and from June 1, 2018, to March 18, 2019. The Board also granted entitlement to TDIU but denied it due to the Veteran not submitting a VA Form 21-8940.

The Board has determined that the Veteran does not have a current diagnosis of bilateral shoulder, shin splints, or skin disability. The cervical spine and upper extremity peripheral neuropathy disabilities are remanded for further development.,Service connection is denied for OSA as there is no evidence to support its onset during service or due to a service-connected condition.

The Board has remanded the case due to insufficient evidence regarding the Veteran's cervical spine disorder and its relationship to her service-connected left shoulder impingement syndrome. The Veteran needs a VA examination to address these issues.

The Board has remanded the case due to inadequate opinions regarding whether the Veteran's service-connected lumbar spine disability caused or aggravated his cervical spine disability.

The Board has remanded the Veteran's claims due to inadequate VA examinations and need for additional evidence. The issues of radiculopathy of the right upper extremity, headaches secondary to cervical spine disability, and hernia are addressed in the Remand section.

The Board has remanded the Veteran's claims for cervical spine strain and sacroiliac joint and lumbar facet dysfunction (lumbar disability) due to insufficient examination findings regarding the severity of her service-connected conditions.

The Board has partially vacated its November 2019 decision due to procedural errors, and the appeals for higher disability ratings for neck and back disabilities are dismissed as they were withdrawn from the Legacy appeals system.

The Veteran's appeal is remanded for additional examinations and opinions regarding his neck, back, right hip disabilities, diabetes mellitus, and balance issues. The claims are also remanded to determine if the service-connected left varicocele caused or aggravated these conditions.

The Board has remanded the Veteran's claim for an additional VA medical opinion to address the nature and etiology of her cervical spine disability, including whether it is related to service or due to her service-connected lumbar spine disability.

The Veteran's service-connected disabilities, including migraine headaches, exercise-induced asthma, lumbago with L3-L4 disc herniation, cervical spine strain post-fusion C5-C6 with disc bulging and stenosis, bilateral plantar fasciitis and calcaneal spurs left heel, noncompensable right ear hearing loss, prevented him from securing or following a substantially gainful occupation prior to September 20, 2021. The Board granted the Veteran's claim for an extraschedular TDIU during this period.

The Veteran's appeal for increased ratings and service connection is being remanded due to the complexity of the issues.,For tinnitus, a higher rating is denied as it does not meet the criteria for extraschedular evaluation.

The Veteran's claim for service connection for a skin disability, psychiatric disability (other specified trauma or stressor related disorder), chronic neck disability, chronic back disability, IBS, and vertigo is granted. The claims for service connection for the neck and back disabilities are remanded.