Neck / cervical spine decisions — 2023

The Board has remanded the Veteran's claims of service connection for a cervical spine disorder, bilateral foot disorder, and sleep disorder due to outstanding private treatment records and inextricably intertwined issues.

The Board has remanded the case due to incomplete medical records and inadequate opinions regarding the nature and etiology of the Veteran's claimed neurological condition. The AOJ is instructed to obtain additional pertinent medical records, including from Cooper University Hospital and Kennedy Health System, and to provide an adequate opinion on the nature and etiology of the Veteran's claimed neurological condition.

The Veteran's service-connected disabilities have met the percentage requirements for a TDIU since June 19, 2017 and prevent him from performing gainful employment.

The Veteran's cervical spine, left shoulder, right shoulder, left knee, and right knee disabilities are granted as service-connected based on direct evidence linking them to his active duty service.

The Veteran's appeal is remanded due to the inadequacy of the May 2017 VA examination and the need for a new examination to assess the current severity of her service-connected cervical and lumbar spine disabilities.

The Board has decided that the reduction in the Veteran's cervical spine disability rating is improper and remands for further evaluation.

The Board has decided to remand the Veteran's claims for service connection for upper back and cervical conditions, as secondary to head/face injuries. The VA Form 10182 was submitted late, but the April 2019 statement of the case is considered the decision on appeal.

The appeals for hearing loss, tinnitus, and a back disability are dismissed as the Veteran's claims were improperly docketed under the AMA.,The appeals for neck, left shoulder, right shoulder, left knee, and right knee disabilities are also dismissed due to improper docketing under the AMA.

The Veteran's claims for earlier effective dates for the grants of ratings for cervical strain, thoracolumbar strain, and bilateral hearing loss are being remanded due to a failure to obtain all treatment records from VHA's approval of the Veteran to seek treatment via the Veterans' Choice Program.,Specifically, the Board is requesting that VA attempt to obtain all treatment records generated from VHA's authorization for the Veteran to receive health care through the Veterans' Choice Program. These records are believed to contain relevant information pertaining to his service-connected psychiatric disorder.

The Veteran's claims for increased ratings for radiculopathy of the upper extremities are being remanded due to a duty-to-assist error and need for additional medical opinions.

The Board has denied service connection for multiple conditions, including right hip disorder replacement, eczema, right shoulder rotator cuff chronic residuals, degenerative disc disease of the cervical, hypertension, left shoulder rotator cuff chronic residuals, right knee DJD, left hip disorder replacement, and lumbosacral neuritis radiculitis thoracic, all of which are determined to not be related to service.

The Board has found that the Veteran's service records cannot be located and that there are no relevant post-service medical treatment records. The claims for bilateral hearing loss, tinnitus, cervical spine disability, right inguinal hernia, memory loss due to concussion, bilateral shoulder disability, bilateral carpal tunnel syndrome, and bilateral knee disability are remanded for further development.

The Veteran's cervical strain and thoracic spine disability were evaluated, but the claims for increased ratings were denied as there was no evidence meeting the criteria for a higher rating under VA regulations.,Specifically, the Veteran’s cervical strain did not meet the criteria for a higher than 10 percent rating due to lack of forward flexion or combined range of motion. For his thoracic spine disability, while he experienced pain and functional limitations, these were not sufficient to warrant a higher rating.

The Veteran's claim for service connection for DDD of the cervical spine is granted. The claims for low back disability, left shin disability, right shin disability, and initial ratings for left ankle strain and left knee strain are remanded.

The Board has decided that the Veteran's claims of service connection for cervical spine disability, right hand disability, and erectile dysfunction should be remanded due to a lack of sufficient evidence.

The Veteran's tinnitus is found to be related to his in-service noise exposure and has persisted since service.,Hypercholesterolemia is not considered a disability for VA compensation purposes, thus the claim cannot be granted.,There is no current diagnosis of hemorrhoids or renal dysfunction. The Veteran's complaints are deemed subjective and self-reported without objective evidence supporting these conditions.,The Veteran has bilateral hearing loss, cervical spine degenerative arthritis, and nephrolithiasis which were diagnosed post-service but not related to service.,Service connection for bilateral hearing loss is remanded as the etiology of the condition remains unclear.,Service connection for cervical spine disability (degenerative arthritis) is remanded due to insufficient evidence linking the current condition to service.,Service connection for nephrolithiasis is remanded as there are no definitive diagnoses prior to the Veteran's claims.

The Board has reopened the claim for service connection of multilevel cervical spondylosis and granted it, finding that there is sufficient evidence to establish a current disability and its relationship to in-service symptoms.

The Veteran's service-connected disabilities are not of sufficient severity to produce unemployability, and the Board finds that she is not unable to secure or follow a substantially gainful occupation due solely to her service-connected conditions.

The Veteran's appeal for service connection for a bilateral knee disability is dismissed as the AOJ has already granted it. The appeals for increased ratings and other issues are pending.

The Veteran's appeal for a higher rating for his service-connected degenerative arthritis of the cervical spine has been withdrawn by the appellant.