Neck / cervical spine decisions — 2023

The Board has decided that the Veteran's chronic lumbar strain and residual scar associated with removal of basal cell skin cancer, nose are service connected. The cervical spine disability issue is remanded for further examination and opinion.

Your appeals for service connection and increased rating have been dismissed because you withdrew your appeal under the legacy system by opting into the modernized review system.

The Veteran's chronic cervical strain and upper extremity radiculopathy were evaluated, with the Board finding that a higher rating was warranted for his cervical strain but not for his radiculopathies. The issues of increased ratings for these conditions are remanded.

The Board has remanded the Veteran's claims for additional development due to inadequate medical opinions regarding his service-connected conditions and other issues on appeal.

The Board has remanded the claims for service connection for flat feet, neck disability, left arm disability, right leg shin splints, and left leg shin splints due to a lack of substantial compliance with prior remands.

The Veteran's service-connected disabilities do not render him unable to secure and maintain substantially gainful employment, as his combined rating is only 40% and the functional impact of his conditions does not warrant a TDIU.

The Veteran's tinnitus is granted as secondary to his service-connected bilateral hearing loss. The rating for cervical intervertebral disc syndrome (IVDS) and the service connection for sleep apnea are both remanded due to missing medical records.

The Board has denied the Veteran's claims for service connection for a neck disability and right shoulder osteoarthritis, finding that there is no evidence to support a link between these conditions and his military service.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence regarding the etiology of his claimed disabilities, particularly whether they are related to his military service or environmental exposures during his service in the Persian Gulf.

The Veteran withdrew his appeals for the claims of loss of balance, degenerative arthritis of the lumbar spine with intervertebral disc syndrome and degenerative disc disease, lumbar spine radiculopathy, and an initial rating in excess of 30 percent for herniated nucleus pulposus (HPN) of the cervical spine.

The Veteran's service-connected disabilities did not render her unable to obtain or maintain substantially gainful employment prior to May 21, 2013.

The Veteran's TDIU claim is remanded due to the need for a comprehensive VA examination considering all of his service-connected conditions, including those not previously considered in the previous examinations.

The Board has granted service connection for sleep apnea, lumbosacral strain, and neck disability manifested by pain. The claim of service connection for dizziness is remanded.,Service connection was established for the Veteran's sleep apnea, lumbosacral strain, and neck disability manifested by pain based on direct evidence linking these conditions to his military service.

The Board has dismissed the appeals for service connection of an acquired psychiatric disability, a left shoulder disability, and a neck disability due to the Veteran's election into the Appeals Modernization Act (AMA) review system.

The Board has dismissed the Veteran's claims for hypertension and cervicalgia as he withdrew his appeals prior to a decision being made.

The Board has remanded the Veteran's claims for service connection for left shoulder and cervical spine conditions due to incomplete medical opinions, lack of verification of active duty periods, and other procedural issues.

The Veteran's claim for an initial rating of 60 percent for CAD is granted. The Veteran also receives a TDIU from August 28, 2019 to November 30, 2019 and SMC during the same period.

The Veteran's service-connected disabilities did not meet the criteria for SMC based upon the need for regular aid and attendance from July 12, 2011, to January 29, 2019. The Board found that he was capable of performing most daily activities with some assistance.

The appeal for increased ratings on the Veteran's cervical, thoracic, and lumbar spine disabilities is being remanded due to lack of substantial compliance with previous Board directives. Additional VA examination and treatment records are needed.

The Board has granted service connection for an acquired psychiatric disorder, a cervical spine condition, and left upper extremity radiculopathy as secondary to the cervical spine condition. A 50 percent rating is assigned for migraines since December 17, 2019.