Neck / cervical spine decisions — 2023

The Board has granted service connection for a cervical spine disability, finding that the Veteran's current condition is related to an in-service helicopter crash. The claim is based on direct evidence of a nexus between the injury and the current disability.

The Board has determined that additional development is needed for the issues of service connection for a cervical spine disorder and right upper extremity disorder. The case will be returned to the Board after further examination and opinion.

The Board has remanded the case for further development and examination, including obtaining VA treatment records and conducting examinations to assess the Veteran's cervical spine disorder and left lower extremity disabilities.

The Board has remanded the issues of service connection for cervical spine, right shoulder, and right wrist disabilities due to inadequate medical opinions provided in previous examinations.

The Board has determined that the AOJ did not substantially comply with its September 2022 remand directives and thus, these claims are being remanded for further development.

The Veteran's appeal for special monthly compensation (SMC) for aid and attendance was denied because the evidence did not show that his service-connected disabilities alone rendered him in need of regular aid and assistance.,Initial ratings higher than 10 percent for hypopigmented scars, residual of cervical fusion, and scars, status post cervical fusions were also denied as there was insufficient evidence to support these claims.

The Veteran's tinnitus has been granted service connection. The Board has remanded the issues of service connection for arthritis of hips, knees, and hands, as well as cervical and thoracolumbar spine disorders.

The Veteran's degenerative arthritis of the cervical spine is granted service connection, and his bilateral foot fibromatosis is granted an initial increased rating to 30 percent. The shin splints issues are remanded for further review.

The Veteran's appeals for increased evaluations of lumbosacral strain and cervical spine loss of lordosis with degenerative disc disease C5-C6 have been dismissed as the Veteran withdrew her appeal in October 2023.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's current low back conditions are related to his active service, including parachute jumps during service. The Veteran is seeking service connection for lumbosacral or cervical strain (low back condition or pain).

The Board has dismissed the appeals for PTSD, left leg radiculopathy, right leg radiculopathy, and degenerative changes of the cervical spine as the appellant requested to withdraw his appeal.

The Veteran's claimed bilateral shoulder, neck, left arm, left finger, and back disorders were not incurred in or caused by service. The disorders were not aggravated by, proximately due to or the result of service-connected disabilities.

The Veteran's cervical strain, left hip strain, right shoulder strain, left shoulder strain, and lumbosacral strain are being remanded for additional medical opinions to determine if they are related to his in-service motor vehicle accident.

The Board has granted service connection for the Veteran's cervical spine disability and found that it contributed to his death. The appeal for DIC benefits under 38 U.S.C. § 1318 is dismissed as moot.

The Veteran's appeal includes multiple issues related to his service-connected conditions, including hypertension, PTSD with cognitive disorder, sinusitis, knee disorders, allergic rhinitis, cerebral infarction residuals secondary to moyamoya disease, and right upper extremity disabilities. The Board has determined that additional development is needed for these claims.

The Board has remanded the case for further development and consideration of whether the Veteran is entitled to a total rating based on individual unemployability (TDIU) due to his service-connected disabilities. The issue will be referred to the Director of Compensation Service for extraschedular consideration.

The Board denied the Veteran's claims of service connection for bilateral knee disorder, cervical spine disorder, and thoracolumbar spine disorder. The evidence did not support a finding that these conditions began during active service or were related to in-service injuries.

The Veteran's petition to reopen the claim for service connection for cervical subluxation has been granted due to new evidence showing possible link between his condition and service-connected degenerative arthritis of the spine.,The Veteran's petition to reopen the claim for service connection for sleep apnea as secondary to service-connected deviated nasal septum and PTSD has been granted due to new evidence showing a causal relationship.

The Board has remanded the Veteran's claims for increased ratings due to insufficient attempts by the AOJ to contact him and schedule examinations. The AOJ is instructed to attempt contacting the Veteran via phone or written communication, reschedule examinations if possible, and provide a rationale for any delays.

The Board has remanded the cases for further development due to missing VA examinations. The Veteran's cervical spine, right ankle, and left ankle disabilities are being reviewed again.