Neck / cervical spine decisions — 2023

The Board has remanded the claims for additional development, including consideration of newly-obtained service records and medical opinions. The appellant's current hearing loss disability does not meet VA criteria for a hearing loss disability. For other conditions, the Board finds that there is no evidence to support their onset in service or relationship to service.

The Board has determined that further development is necessary for the Veteran's claims of service connection for various conditions, including depression, lumbar and cervical spine disabilities, left upper extremity radiculopathy, right knee patellofemoral pain syndrome, jaw disability, GERD, IBS, and tension headaches. The records will be sought to provide more information on these claims.

The Veteran's thoracic spine disability was rated at 10 percent prior to February 21, 2018 and at 20 percent thereafter. The cervical spine disability was granted a 20 percent rating.,Radiculopathy of the right upper extremity received a 40 percent rating from September 19, 2023, while radiculopathy of the left upper extremity received a 30 percent rating from that date.

The Board has granted service connection for low back disability, neck disability, left arm disability, MDD, PTSD, and OSA. The conditions are all found to be related to the Veteran's active service.

The Veteran's service-connected disabilities have prevented him from securing and following a substantially gainful occupation prior to October 21, 2022. The Board has found that the evidence is in at least approximate balance and any remaining reasonable doubt is resolved in favor of the Veteran. TDIU is granted prior to October 21, 2022.

The Board has remanded the Veteran's claims for neck disability, left leg disability (excluding shin splints), right leg disability (excluding shin splints), right arm disability, and left arm disability due to inadequate VA examination opinions. The AOJ is instructed to address all submitted evidence.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's cervical spine condition pre-existed his service and was aggravated by it, or if it is at least as likely as not caused by his service-connected right shoulder condition.

The Board denied service connection for a right wrist disability, neck disability, left knee disability, right knee disability, and right ankle disability. Service connection was granted for ingrown toenails of both feet.,Service connection was not established for the Veteran's claimed conditions due to lack of evidence demonstrating current disabilities or a link between his military service and these conditions.

The Veteran's claims for increased ratings and TDIU/SMC based on her lumbar and cervical strain disabilities are being remanded due to the need for additional development, including obtaining medical records and conducting VA examinations.

The Board has reopened the previously denied service connection claims for left foot, cervical spine, and left knee disorders due to new and material evidence. The cases are being remanded for further evaluations.

The Veteran's bilateral hearing loss is granted as service-connected, effective from the date of receipt of his claim on January 11, 2018.,Service connection for tinnitus was denied due to lack of prior communication indicating intent to file a claim before January 11, 2018.

The Board has remanded several claims for service connection, including those related to lumbar spine disability, cervical spine disability, right shoulder disability, left shoulder disability, skin disorder, sinusitis, GERD, and an acquired psychiatric disorder. The claims are being returned to the RO for further development.

The Board has reopened the Veteran's claims for service connection for lumbar spine, cervical spine, left shoulder and residuals of a head injury disabilities. However, due to incomplete records from his in-service period, a remand is necessary to obtain VA examinations to determine the etiology of these disabilities.

The Board has granted service connection for the Veteran's cervical spine disability and remanded the TDIU claim.

The Board has remanded several issues related to the Veteran's service connection claims, including left ear hearing loss, cervical spine disability, right knee disability, left ankle disability, sinusitis, and rhinitis. The matters are being returned for further development.

The Board has granted service connection for right shoulder AC joint degenerative joint disease and cervical spine intervertebral disc syndrome with degenerative arthritis, effective from September 16, 2006.,A rating of 10 percent was assigned for the Veteran's right ankle strain since July 17, 2015.

The Veteran's cervical strain and left foot condition are granted, but the right hip, right knee, and left knee disabilities remain unresolved. The Board has ordered remand for further examination to determine if these conditions are related to service-connected disabilities.

The Board has denied service connection for a right ankle condition and has remanded the issues of service connection for lumbar spine, cervical spine, left hip, and right hip conditions, as well as plantar fasciitis and blood clot condition (secondary to lumbar spine condition).

The Veteran's initial rating for right hip limitation of flexion is denied as her disability does not meet the criteria for a higher rating.,Her initial compensable rating for impairment of the right thigh associated with service-connected right hip disability prior to October 19, 2021, and a rating higher than 10 percent thereafter, is also denied.

The Veteran's appeal is remanded for additional development regarding his service-connected cervical spine degenerative arthritis, right upper extremity radiculopathy, and left upper extremity radiculopathy.,A retrospective medical opinion is needed to determine the severity of the Veteran's service-connected right and left upper extremity radiculopathy (and their relation to additional diagnoses of right carpal tunnel syndrome and transverse myelitis).