Neck / cervical spine decisions — 2023

The Veteran's claims for increased ratings for cervical spine disability with bilateral intervertebral disc syndrome, left shoulder rotator cuff injury, and radiculopathy of the left upper extremity are being remanded due to the need for updated VA examinations to assess current severity.

The Veteran's cervical, lumbosacral, right knee, and left knee strains have been granted service connection.,A rating of 10 percent has been assigned for the Veteran's tinnitus.

The Board denied earlier effective dates for several service-connected conditions, including skin condition, flat feet, GERD, left knee condition, left wrist condition, and left wrist scar. The Veteran's fibromyalgia and hypertension were granted service connection.,Several issues are remanded for further review, including initial ratings for various disabilities.

The Veteran's claim for an increased rating for right greater auricular neuropathy and TDIU was denied. The Board found that the evidence did not support a higher disability rating than 50 percent.

The Board has remanded the Veteran's claims for increased ratings for his cervical and lumbar spine disabilities, as well as his claim for SMC based on the need for regular aid and attendance due to service-connected disabilities. The AOJ must schedule a VA examination to assess the current severity of these conditions and determine if they result in the need for SMC.

The Veteran's cervical strain with degenerative arthritis and stenosis is currently rated at 30 percent, but the evidence does not support a higher rating as there is no evidence of unfavorable ankylosis or incapacitating episodes.

The Veteran's neck, back, and left ankle disabilities are being remanded for additional development due to non-compliance with prior remand directives. The radiculopathy claims are inextricably intertwined with the increased rating claims for these disabilities.

The Board has decided to remand the case due to insufficient consideration of relevant medical records and the Veteran's lay statements. The VA will need to obtain additional evidence, including treatment records from Temple VA hospital and Breckenridge hospital, and provide a new VA medical opinion.

The Veteran's cervical strain is currently rated at 30 percent, and the Board denied an evaluation in excess of this rating.

The Veteran's cervical spine disability is denied as it does not meet the criteria for a higher evaluation.,The Veteran's right upper extremity radiculopathy and left upper extremity radiculopathy are each granted with evaluations of 40 percent and 30 percent, respectively.

The Veteran's cervical spine and left knee disabilities were granted service connection as they had their onset in active service.,Service connection for a headache disability, linked to the cervical spine disability, was also granted.

The Board has dismissed all service connection appeals due to the Veteran's death.

The Board has denied the Veteran's claims of service connection for thoracolumbar and cervical spine disabilities, finding that there is no evidence linking these conditions to his military service.

The Veteran is seeking earlier effective dates for service connection and increased ratings due to CUE in multiple rating decisions. The Board finds that the RO did not address all theories of CUE, specifically regarding receipt of new and relevant service department records submitted by the Veteran in 2018.

The Veteran's left upper extremity radiculopathy was granted service connection secondary to his cervical spine disability, effective February 2, 1996.

The Board denied the Veteran's claim for service connection for cervical spine DDD with IVDS, finding that there was no clear and unmistakable evidence of pre-existing disability that was aggravated by military service.

The Veteran's service connection claim for chronic sinusitis and allergic rhinitis is granted.,Other claims are remanded for further development.

The Board has remanded the Veteran's claims for service connection for right shoulder and cervical spine disabilities, as well as a menstrual disability. The claims are being returned to the RO for further development.

The Board has remanded the Veteran's claims for service connection for left shoulder, right shoulder, cervical spine, and low back disabilities due to inadequate opinions regarding the onset of these conditions during or within one year after service.

The Veteran's cervical spine disability was granted a 40 percent rating from May 2, 2007 to January 7, 2020. The right and left upper extremity radiculopathy disabilities were also granted ratings of 40 percent for the right upper extremity and 30 percent for the left upper extremity from January 7, 2020 onwards.