Neck / cervical spine decisions — 2023

The reduction of the rating for cervical spine disability from 30 percent to 0 percent, effective March 1, 2020, was improper due to lack of procedural compliance. The 30 percent rating is restored.

The Board has dismissed the Veteran's appeals for service connection of multiple disabilities, including left shoulder disability, bilateral eye disability, neck disability, left knee disability, right knee disability, and seizure disability, due to the Veteran's death during the appeal process.

The Veteran's claim for service connection for hemorrhoids has been denied as no new and relevant evidence was received.,The Veteran's claim for service connection for a neck disability has been denied as no new and relevant evidence was received.,The Veteran's claim for service connection for an acquired psychiatric disorder (including PTSD, persistent depressive disorder, and anxiety disorder) has been granted based on the submission of new and relevant evidence.,The Veteran's claim for service connection for a sleeping disorder (diagnosed as sleep apnea) has been granted based on the submission of new and relevant evidence.

Your claims for service connection have been readjudicated. However, your cervical spine condition and bilateral knee disability are being remanded to the AOJ.,Your claims for service connection have been readjudicated. Your hallux valgus (periodic surgery) and periodontal disease claims are also being remanded.

The Board has remanded the issues of bilateral foot disability, right shoulder condition, tinnitus, and bilateral hearing loss for further development.,Service connection was granted for a cervical spine condition.

The Board has remanded the Veteran's claims for left foot plantar fasciitis, right shoulder rotator cuff tendonitis and AC and glenohumeral arthritis status post labrum and rotator repair, and cervical strain due to a lack of updated VA treatment records and an inadequate C&P examination. The Veteran is required to be scheduled for appropriate examinations to assess the severity of her service-connected conditions.

The Board has remanded the Veteran's claims for service connection for degenerative arthritis and degenerative disc disease of the cervical spine, as well as degenerative arthritis of the bilateral hands. The AOJ is required to obtain additional VA treatment records and provide an addendum opinion addressing whether these conditions are related to military service.

The Veteran's neck disability, back disability, diabetes mellitus type II, and hypertension have been granted service connection. The effective dates for these conditions are not specified as they were awarded in the October 2018 rating decision.

The Board has remanded the claims of erectile dysfunction, rheumatoid arthritis (claimed as joint pain), back disability, and neck disability with radiculopathy for further examination and determination.

The Board has remanded the case for referral to VA's Director of Compensation Service for extraschedular consideration due to the Veteran's service-connected disabilities preventing him from securing or following a substantially gainful occupation.

The Veteran's service-connected disabilities, including bilateral foot disability, plantar fasciitis, right hip strain, left hip strain, right knee disability, left knee disability, degenerative disc disease of the thoracolumbar spine, and cervical spine DDD, have rendered him unable to secure or follow a substantially gainful occupation since July 20, 2011. The Board has granted TDIU effective from that date.

The Board has remanded the Veteran's claims for additional development due to inadequate VA medical examinations and insufficient consideration of the evidence.

The Veteran's cervical disability, OSA, and GERD have been granted service connection.,A 40% disability rating for the Veteran's lumbar disability has been restored effective December 28, 2016.

The Board has decided to remand the Veteran's claims for cervical, thoracolumbar, and bilateral knee conditions due to insufficient evidence regarding his service connection.

The Veteran's AAT deficiency is not service-connected as it is a congenital defect, and the evidence does not show aggravation during service. The sinus condition (sinusitis) is denied as there is no current diagnosis of sinusitis or other sinus conditions at any time during the pendency of the claim. Right upper extremity cervical radiculopathy is also denied.,The Veteran's AAT deficiency and right wrist carpal tunnel syndrome are already service-connected, so he cannot be granted additional service connection for these conditions.

The Veteran's neck disability is rated at 20 percent since August 17, 2017. The previous staged rating period of 10 percent from August 17, 2017 to March 21, 2018 is eliminated.

The Board has remanded the issues of service connection for a cervical spine disorder and initial compensable rating for erectile dysfunction, as well as an effective date prior to June 9, 2016, for the award of service connection for erectile dysfunction.,The Veteran's claim for service connection for erectile dysfunction is based on it being secondary to his service-connected hypertension.

The Board has remanded the claims for additional development due to unresolved issues related to service connection, including exposure to environmental hazards during the Gulf War. The Veteran's mental health conditions and musculoskeletal disabilities are also under consideration.

The Board has granted service connection for a lower back disability but remanded the issue of service connection for a neck disability due to insufficient evidence.

The Board denied service connection for a cervical spine disorder, erectile dysfunction, bladder disorder, and surgical scarring of the back.,There was no evidence of an in-service injury or chronic symptoms related to these conditions.