Neck / cervical spine decisions — 2023

The Veteran's back disability is granted as service-connected due to aggravation during active duty.,The Veteran's cervical spine arthritis is granted as service-connected based on continuity of symptomatology.

The Veteran has withdrawn all his appeals regarding the service connection claims for epilepsy, vision condition, migraine headaches, non-Hodgkin's lymphoma, lung cancer, right hip disability, neck disability, and back disability.

The Board has reopened the appellant's claim for service connection for headaches and remanded other claims including those for a neck disability, sleep disorder, scarring of the lower back, and TDIU prior to July 28, 2021. The AOJ must obtain additional medical opinions addressing these matters.

The Board has decided to remand the Veteran's claims for a higher rating for his service-connected cervical spine disability and for TDIU due to the need for additional VA examinations and development of records.

The Board has withdrawn the claim for left knee injury and granted service connection for an acquired psychiatric disorder. The remaining issues have been remanded due to outstanding records and need for further examination.

The Veteran's appeal for service connection for right ear hearing loss has been dismissed due to his withdrawal. The Board has also remanded several other claims for further development and consideration.

The Veteran's cervical spine disability is granted, and an initial 20 percent rating for surgical scars post-laminectomy of the lumbar spine is granted. Temporary total disability ratings due to hospitalization for service-connected psychiatric disorder are also granted.

The Board has granted service connection for a cervical spine condition and headaches as secondary to the Veteran's right shoulder rotator cuff tendonitis.

The Veteran's increased ratings for cervical and lumbar spine disabilities are denied, with separate ratings granted for radiculopathy of the left upper extremity associated with his cervical spine disability.

The Veteran's claims for revision of rating decisions and effective date determinations are being remanded due to the need for further review and consideration.

The Veteran's appeal was denied for various conditions, including allergic rhinitis, left ear hearing loss, tinnitus, hernia condition, right ankle and leg disabilities, sinusitis, cervical spine and lumbar spine conditions, chronic heart disease, chronic heart failure, hypertension, and sleep apnea. The appeals were all denied as the evidence did not meet the criteria for a higher rating or service connection.

The Board has granted the petitions to reopen claims for service connection for cervical disc disease, right knee condition, and right shoulder rotator cuff injury based on new and material evidence. The original denials were due to lack of in-service diagnosis or treatment records.

The Veteran's claim for increased ratings for his service-connected cervical degenerative disc disease was denied as the disability did not meet the criteria for a higher evaluation under VA rating criteria.

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities other than panic disorder was denied. The Board found that the Veteran is not unemployable due to her service-connected disabilities other than her panic disorder.

The Board denied the Veteran's claims for service connection and temporary total rating for his cervical spine disability, finding that there was no evidence linking his current condition to service.

The Board has determined that the Veteran's appeals were improperly placed on the AMA Hearing Docket and should be re-docketed under the Legacy system. The Veteran is advised to file a VA Form 9 if he wishes to continue his appeal.

The Board has determined that the Veteran's combined service-connected disabilities prevent him from securing or following a substantially gainful occupation, and therefore grants his claim for total disability based on individual unemployability.

The Board has granted service connection for DDD of the cervical spine. The other issues have been remanded due to insufficient evidence.

The Board has determined that the reduction in ratings for various disabilities was not proper and has ordered further examination and evaluation to determine if service connection is warranted.

The Veteran's service connection claim for a psychiatric disorder, diagnosed as unspecified anxiety disorder, is granted. The Board finds that the evidence is at least in approximate balance and concludes that his current psychiatric disability had an onset during active service.