Neck / cervical spine decisions — 2023

The Veteran's cervical spine disability is granted as service connected, with the Board finding that his military service, including carrying heavy equipment on deployment, contributed to his current condition.

The Veteran's service connection claims for rhinitis, sinusitis, cervical strain, left ankle arthritis, gastroesophageal reflux disease (GERD), and bilateral foot hallux valgus and rigidus have been granted. However, the effective dates for GERD, left foot hallux valgus and rigidus, and right foot hallux valgus and rigidus are denied as they were not filed within one year of separation from service.,The Veteran's claim for angina was denied.

The Board has remanded the cases for additional development due to inadequate VA opinions and failure to comply with prior remand directives.

The Board has remanded the claims for service connection for cervical and thoracolumbar spine disabilities, as well as sciatica. The Veteran's representative provided arguments based on medical literature in November 2023, which necessitates an addendum opinion from a VA clinician.

The Veteran withdrew his appeals regarding the right upper extremity radiculopathy and cervical spine issues, thus dismissing these claims.

The Board has remanded the Veteran's claims for service connection due to inadequate VA examination opinions and insufficient evidence regarding her psychiatric condition. The neck disability, myalgia, and upper extremities disabilities are denied as not related to service.

The Veteran's PTSD and tinnitus have been granted service connection. The cervical spine and lumbar spine disabilities have not been granted service connection.

The Veteran's right hip strain appeal is dismissed.,Service connection granted for bilateral shoulder strain, lumbar spine arthritis and disc disease, cervical disc disease, and bilateral knee strain. Service connection was not established for gastroenteritis and diarrhea due to lack of evidence.,Gastroenteritis and diarrhea were found insufficient to establish a chronic condition during service or continuity of symptoms since service.

The Board has determined that the Veteran does not have a current diagnosis of a back disability and therefore, service connection for this condition is denied.,Service connection for bilateral hearing loss and tinnitus is also denied as there is no evidence showing these conditions began during or are otherwise related to active service.

The Board has determined that the Veteran does not have a current diagnosis of a back disability and therefore, service connection for this condition is denied.,Service connection for bilateral hearing loss and tinnitus is also denied as there is no evidence showing these conditions began during or are otherwise related to active service.

The Board has determined that there are outstanding private and VA treatment records related to the Veteran's bilateral pes planus, right foot calcaneal spur, cervical strain with degenerative disc disease, radiculopathy of the right upper extremity, and radiculopathy of the left upper extremity. The case is being remanded for further development.

The Veteran's claims for increased ratings were denied. The left upper extremity radiculopathy and right upper extremity radiculopathy are rated at 30 percent and 20/40 percent, respectively, with cervical degenerative disc and joint disease rated at 20/30 percent.

The Board has determined that additional evidence should be obtained and the claims for increased rating and reopening service connection are being remanded to the AOJ.

The Board has decided that additional development is needed to correct a duty to assist error and remands the cases for further action.

The Veteran's appeal for service connection of a left leg condition is dismissed.,Service connection for left upper extremity neuropathy and right upper extremity neuropathy has been denied.,A cervical spine disorder remains pending and will be remanded.

The Veteran's claim for compensation under 38 U.S.C. § 1151 for residuals of cervical spine surgery was denied as the surgery did not cause an additional disability, and there is no evidence that it caused his current condition.,The Veteran's TDIU claim was granted due to his service-connected major depressive disorder which precludes him from securing or following substantially gainful employment.

The Veteran's high cholesterol is not considered a compensable disability for VA purposes.,There is no evidence of cervical spine degenerative disc disease or neck pain during service, and the current condition is not related to any in-service injury. The claim for this condition is denied.,Hypertension was not shown within one year after separation from service, nor is there a link between it and service. Therefore, the Veteran's hypertension claim is also denied.

The Board denied the Veteran's claims for service connection for cervical spine disability, right upper extremity radiculopathy, and left upper extremity radiculopathy. The Board found no evidence of a chronic condition in service or within one year post-service that was related to an injury or disease. The Board also determined there was insufficient evidence to support a secondary service connection claim.

The Board has determined that the Veteran's right knee disorder, acquired psychiatric disorder, and cervical spine disorder are related to his military service. The claims for these conditions have been remanded for further development.

The Board has remanded the Veteran's claims for an initial rating in excess of 20 percent for cervical strain and degenerative joint disease (DJD) and for an initial rating in excess of 30 percent for migraine headaches prior to May 14, 2021 and a compensable rating prior to May 19, 2015. The remand requires the Veteran to be provided with updated medical records and new VA examinations.