Neck / cervical spine decisions — 2023

The Veteran's claims for service connection for a back disorder and DMII were reopened due to new evidence. The right ankle disability appeal was dismissed as the benefit sought has been granted in full. Service connection for dyslipidemia was denied because it is not a qualifying disability for VA purposes. Other issues are remanded for further evaluation.

The Board has remanded the claims for service connection for various conditions including arthritis, heart condition, eye condition, insomnia, hypertension, kidney condition, hearing loss, lower back condition, cervical degenerative disc disease (claimed as neck arthritis and arthritis all systems), and depression due to new evidence being added since the last decision.

The Board denied service connection for cervical spondylosis, radiculopathy of the right leg, neuropathy of the left and right upper extremities, chronic fatigue syndrome, and fibromyalgia. The Veteran's conditions are presumed due to service in Southwest Asia.

The Board has granted service connection for bilateral hearing loss. The issues of service connection for cervical spine, lumbar spine, and left shoulder disabilities are remanded due to a duty-to-assist error.

The Board has determined that new and relevant evidence has been received to readjudicate the claims for service connection for cervical and lumbar spine disabilities. The claims are being remanded due to a lack of a VA examination at the time of the decision on appeal.

The Board has remanded the case due to insufficient medical opinions regarding whether the Veteran's service-connected disabilities caused or aggravated his obesity, which is a factor in developing obstructive sleep apnea (OSA). The VA examiner must consider and discuss each specific service-connected disability and the potential individual and collective impacts of toxic exposure risk activities on his disability.

The Board dismissed the appeals for increased ratings of various spinal conditions and radiculopathies as untimely, given that a supplemental claim was filed while another review request was still pending.

The Veteran's acquired psychiatric disability, including PTSD and generalized anxiety disorder, is related to service. The cervical spine, hip, knee, vertigo, and hypertension disabilities are also remanded for further examination.

The Board has remanded the Veteran's appeals for further development due to incomplete examinations and inconsistencies in the medical evidence. The appeals include claims for increased ratings for various service-connected disabilities, as well as a claim for total disability rating based on individual unemployability (TDIU).

The Board denied the Veteran's claim for service connection of a cervical spine disability, finding that it was not shown as chronic in service and did not manifest to a compensable degree within the applicable presumptive period. The disability is also not otherwise etiologically related to an in-service injury or disease.

The Veteran's service-connected disabilities have prevented him from securing or following substantially gainful employment since August 9, 2017.

The Veteran's claim for a higher rating for his service-connected generalized anxiety disorder with insomnia has been granted, and he is now rated at 50 percent.,The Board has remanded the claims of service connection for lumbar spine condition, right lower extremity shin splints, and left lower extremity shin splints due to lack of a fully adequate VA examination.

The Board has denied service connection for various knee, back, neck, shoulder, and foot disabilities due to a lack of evidence linking these conditions to service.

The Board has denied a temporary total rating for diffuse herniated disc L4-L5 with degenerative osteoarthritis of the lumbar spine due to lack of treatment related to service-connected disability. The claims for increased ratings and service connection are remanded.

The Veteran's tinnitus is granted as service-connected.,Service connection for cold weather injury residuals of the bilateral hands is denied.,Compensable initial ratings for right and left shin splints are denied.,Service connection for residuals of an injury to the tailbone, neck disability, left shoulder disability, back disability, right hip disability, left hip disability, right knee disability, left knee disability, right foot plantar fasciitis, insomnia, and vertigo is remanded.

The Veteran is granted a total disability rating based on individual unemployability (TDIU) from July 21, 2015 to November 20, 2019 due to his service-connected cervical and lumbar spine disabilities.

The Board has remanded several issues for further development, including service connection for lumbar spine disability and neck disability. The Veteran's PTSD remains at a 70% rating since September 5, 2017. Tinnitus is not rated higher than the current 10% due to lack of separate evaluations for each ear.

The Board has remanded the claims for sleep apnea, right knee disability, neck disability, left upper extremity neurological disability, and right upper extremity neurological disability due to incomplete records and inadequate medical opinions.

The Veteran's forehead and left forearm scars are granted initial 10 percent ratings.,Service connection for tinnitus is granted.,Service connection for bilateral shin splints, MDD and GAD secondary to PTSD, and migraine headache disability secondary to PTSD is granted.,Service connection for gastroenteritis, chronic bronchitis, and cervical dysplasia is denied.

The Board has ordered a new VA spine examination to determine the current nature and severity of the service-connected cervical spine disability due to lack of substantial compliance with previous remand directives.