Neck / cervical spine decisions — 2023

The Veteran's claims for service connection for right big toe pain and bilateral hip pain are dismissed. The Board has remanded the issues of increased ratings for cervical spine degenerative disc disease, Lyme disease residuals with right elbow arthralgia, limitation of flexion prior to November 4, 2021, Lyme disease residuals with left elbow arthralgia, pronation/supination, and left knee degenerative joint disease with residual Lyme disease arthralgia (limitation of flexion).

The Veteran's tinnitus and sleep apnea are granted as service connected. The remaining issues of right shoulder, low back, neck, left knee, costochondritis, and residuals of a traumatic brain injury (TBI) are remanded for further development.

The Board has remanded the case for a retrospective opinion regarding the severity of the Veteran's neck symptoms at specific points in the past, including May 28, 2012, to June 30, 2014.

The Board has granted service connection for chronic thoracolumbar pain, segmental and somatic dysfunction of the lumbar and thoracic region, ankylosing spondylitis of the cervical spine, neuralgia sciatic nerve, and neuralgia of all three radicular groups.,The Board also remanded the issue of a disability rating in excess of 10 percent for stress fracture right inferior pubic ramus.

The Board has remanded the Veteran's claims of service connection for left ankle and neck disabilities due to a lack of substantial compliance with prior remand directives. The VA examiner provided negative opinions regarding the etiology of these conditions, but did not consider the Veteran's reports of pain since service.

The Veteran's service-connected disabilities, including degenerative disc disease of the cervical spine and bilateral hearing loss, are rated at least 70 percent combined. The Board has granted a schedular TDIU rating from August 20, 2013, but the issue of an extraschedular TDIU rating is being remanded due to outstanding SSA records. The Veteran's service-connected disabilities preclude him from maintaining substantially gainful employment consistent with his education and work experience.

The Board has remanded the Veteran's claims for cervical spondylosis and vertigo due to unclear functional loss and potential need for additional examinations. The Veteran will be scheduled for VA-provided examinations to determine the severity of his cervical spine disorder and whether he has a current vertigo condition, including its etiology.

The Veteran's TDIU claim is granted effective September 6, 2016.,Service connection for fibromyalgia, low back disability, neck disability, shoulder disability, lung disability to include COPD, and obstructive sleep apnea (OSA) are remanded.

The Board has granted service connection for OSA as aggravated by the Veteran's service-connected insomnia disorder, major depressive disorder, and anxious distress (acquired psychiatric disorders). The claims for neck disability, back disability, and headaches have been denied.

The Veteran has withdrawn his appeals for the claims related to radiculopathy of the upper extremities, ankle sprains, and cervical pain with degenerative arthritis. The Board dismissed these appeals as a result.

The Board has determined that the Veteran's DD Form 214 and other documentation verifying his service from 1990-1999 are missing, and therefore remands for further efforts to obtain this information. The Veteran is also scheduled for an examination to determine if any of his current disabilities (sleep apnea, sinusitis, right shoulder, neck, bilateral foot nerve compression, and bilateral shin) had their onset during or are related to a period of active duty service.

The Veteran's appeals for service connection for posttraumatic stress disorder and carpal tunnel syndrome, right hand, have been dismissed due to the death of the appellant.

The Board has determined that the claims must be remanded to obtain missing private treatment records and to provide a new VA examination for each of the service-connected conditions. The Veteran's STRs do not contain specific references to these conditions, but he reported experiencing symptoms since service.

The Veteran's upper back/neck and low back disabilities were denied as they are not related to service.,Service connection for the Veteran's claimed disabilities was denied because there is no evidence of a nexus between his current conditions and his military service.

The Board has remanded the case due to a duty-to-assist error and will need to obtain a medical opinion regarding whether the Veteran's service-connected conditions contributed to his death.

The Veteran's lumbar strain, left knee strain, and TMJ left side are all found to be at least as likely as not caused by her service. The right knee strain is denied due to lack of contemporaneous documentation. The tension headaches and cervical strain are also found to be related to the Veteran's service.,The Veteran's current diagnoses of lumbar strain, left knee strain, TMJ left side, tension headaches, and cervical strain have been determined to be at least as likely as not caused by her military service.

The Board has remanded the Veteran's claims for service connection for back and neck disabilities due to inadequate medical opinions. The Veteran contends that his current conditions are related to injuries sustained during active duty, but the VA examiner found no evidence of chronicity or causation.

The Board denied service connection for a left ankle disability and granted service connection for left ear hearing loss. The neck disability claim is remanded for further examination.

The Board has remanded the Veteran's claims for cervical and lumbar spine disabilities due to inadequate VA examiner medical opinions. The Veteran contends his current conditions are related to military service, but the August 2023 VA examiner did not adequately address whether his strenuous duties in service could have led to his later spinal issues.

The Board has decided to remand the case for further examination and opinion regarding the Veteran's cervical spine condition, including whether it is related to service or aggravated by a pre-existing condition.