Neck / cervical spine decisions — 2023

The Board has decided that the Veteran's claims for service connection for various disabilities, including bilateral hearing loss, sleep apnea, shortness of breath, headaches, and shoulder, neck, lumbar spine, and leg disabilities, should be remanded due to lack of reliable audiometric testing results and need for further examination.

The Veteran's service-connected disabilities did not prevent him from securing or maintaining substantially gainful employment prior to December 30, 2019.

The Veteran's service-connected disabilities, including cervical strain, lumbosacral strain, and depression, have prevented him from securing or following substantially gainful employment during the period on appeal.

The Board has remanded the issues of service connection for chronic joint pain in various body parts, including cervical spine disability. The Veteran's claims are being returned to the AOJ for further development.

The Board has remanded the service connection claim for urinary incontinence, as well as claims for increased ratings for cervical spine disability and radiculopathy. The Veteran's MDD is also being remanded.

The Board has remanded the claims of service connection for peripheral vestibular disorder, right-hand disability, neck disability, and left knee disability due to lack of nexus opinions addressing in-service events or injuries.

The Veteran's cervical spine degenerative arthritis and right upper extremity radiculopathy were denied increased ratings as his range of motion did not meet the criteria for higher evaluations.

The Veteran's cervical spine disability is granted as service-connected due to a congenital defect superimposed by an in-service injury. The thoracolumbar spine disorder claim is remanded for further examination and opinion.

The Board has remanded several issues related to the Veteran's disabilities, including cervical strain, knee limitations of extension, lumbar spine disability, left shoulder bursitis, and external hemorrhoids. The AOJ is instructed to issue a supplemental statement of the case after considering additional evidence.

The Veteran's claim for service connection for a cervical spine disability was denied in July 1995 and became final. The Veteran filed a new claim on October 22, 2009, which resulted in the grant of service connection with an effective date of October 22, 2009.

The Board has remanded the case due to a request for an in-person hearing at the RO, and the need to readjudicate the issue based on all available evidence.

The Board has decided to remand the Veteran's claims for lumbosacral spine and cervical spine disabilities due to inadequate VA examination and medical nexus opinions. Additional development is required to address whether these conditions are related to service.

The Veteran requested to withdraw all issues on appeal, and the Board has dismissed them.

The Veteran's cervical strain disability is rated at 10 percent prior to March 14, 2018 and at 20 percent from March 14, 2018 until December 15, 2021. Beginning December 15, 2021, the Veteran's cervical strain disability is rated at 30 percent.,The Veteran's right upper extremity radiculopathy associated with cervical strain and degenerative arthritis is currently rated at 20 percent.,The Veteran's tinnitus is rated at 10 percent.,Entitlement to higher ratings for the Veteran's service-connected conditions has been denied.

The Veteran's claim for service connection for ingrown toenails, bilateral hearing loss, internal bleeding, acid reflux, neck disability, and low back disability has been denied.,There is no evidence of a current diagnosis or impairment related to these conditions. The Board found that the Veteran did not have a current diagnosis of ingrown toenails, bilateral hearing loss, internal bleeding, acid reflux, neck disability, or low back disability.

The Veteran's fungal infection of the feet is rated at 10 percent, and his cervical spine strain is granted a higher rating of 40 percent. Other issues are remanded.

The Veteran's cervical and lumbar spine disabilities are remanded for further evaluation. The left elbow, right femur fracture residuals, and left knee degenerative arthritis cases are also remanded due to the Veteran's testimony of increased severity since the last VA examinations.

The Veteran's cervicalgia, bilateral plantar fasciitis, and bilateral popliteal entrapment syndrome are granted as service-connected.,An initial disability rating of 30 percent for headache syndrome from October 21, 2016 to January 22, 2022 is granted. A higher rating for the entire appeal period is denied.

The Board has remanded the Veteran's claims for additional medical opinions regarding his neck, shoulder, knee, and hip disabilities as well as hypertension and acid reflux. The claims are being returned to VA for further development.

The Veteran's claim for service connection for degenerative arthritis of the cervical spine is granted. The Veteran's gastrointestinal disability claim is remanded for further development.