Neck / cervical spine decisions — 2023

The Veteran's appeal of the initial evaluation for cervical strain and service connection for sleep apnea has been dismissed due to a withdrawal request by the Veteran's representative.

The Veteran's claims for service connection for left and right knee impairments, as well as cervical degenerative disc disease and c-spine fusion, are being remanded due to the need for additional medical examination and opinion.,New evidence has been submitted that may affect the outcome of these claims.

The Veteran's tinnitus is related to his period of active service.,The evidence reflects the Veteran's preexisting left knee condition underwent a permanent increase in severity beyond the natural progression during the Veteran's period of service. The right knee condition did not have onset during active service, was not caused by active service, and did not manifest to a compensable degree within one year of active service.

The Veteran has withdrawn his appeal for the claims of a rating in excess of 20 percent for degenerative thoracolumbar spine, a 10 percent for degenerative disc disease of the cervical spine, a 10 percent for right shoulder anterior cruciate degenerative joint disease, and a 10 percent for a sinus condition. The appeal is also dismissed for service connection claims including bilateral hearing loss, diabetes mellitus, right hip arthralgia, peripheral neuropathy of the right lower extremity and left lower extremity, obstructive sleep apnea, and an acquired psychiatric disorder (claimed as adjustment disorder and PTSD).

The Board has determined that new and relevant evidence supports the readjudication of claims for service connection for degenerative arthritis of the right knee, left knee, lumbar spine, and neck disability.,The Board has also determined that new and relevant evidence supports the readjudication of claims for service connection for degenerative arthritis of the right knee, left knee, lumbar spine, and neck disability.

The Board has remanded the claims for increased ratings for service-connected cervical and lumbar spine disabilities due to inadequate examinations in prior remands. The Veteran's TDIU claim is also remanded as it is intertwined with the rating issues.

The Board has remanded the cases for further evaluation due to conflicting opinions and new legal guidance from the Federal Circuit.

The Veteran's claim for service connection for mild cervical spondylosis and cervical spine disc degeneration has been reopened, and the Board has granted service connection for both conditions.

The Board has granted the Veteran's claims for service connection for cervical spine disability, right upper extremity radiculopathy, and left upper extremity radiculopathy. The disabilities are found to be related to his service-connected schizophrenia.

The Veteran's claims for increased ratings of migraine headaches, cervical strain, and chronic epididymitis and bilateral varicoceles are being remanded due to the need for additional examinations.

The Board has granted the Veteran's application to reopen his claim for service connection for an acquired psychiatric disability. The claims for bilateral hearing loss, tinnitus, neck disability, low back disability, right hip disability, heart disability, and residuals of strokes are remanded for additional development.

The Veteran's claims for service connection for cervical strain, left shoulder strain, right shoulder rotator cuff tendonitis, and cervical headaches have been granted. The Board found that the evidence is approximately balanced as to whether these conditions had their onset in service.

The Board has granted the Veteran's request to reopen his claims for service connection for lower back/spinal and cervical spine conditions, but has remanded both issues for further development.

The Board has determined that the Veteran's sleep apnea is at least as likely as not proximately due to or aggravated by his service-connected insomnia, cervical strain with degenerative disc disease, and thoracolumbar strain disabilities. Therefore, the claim for secondary service connection for sleep apnea is granted.

The Veteran's claim for an evaluation in excess of 60 percent for his cervical discectomy condition is denied. The Board found that the evidence did not show unfavorable ankylosis or functional equivalent of ankylosis, and thus a higher rating was not warranted. For the TDIU claim, the Veteran's service-connected disabilities prevented him from securing and maintaining substantially gainful occupation.

The Board has decided to remand the case due to inadequate VA opinions regarding the etiology of the Veteran's neck disability. The case will be returned for further development and consideration.

The Veteran's claims for hearing loss, neck disability, left and right ankle disabilities, left and right hip disabilities, sleep disturbances, and mental disorder are all being remanded due to insufficient evidence of current disabilities or causation.

The Veteran meets the criteria for a certificate of eligibility in purchasing an automobile and adaptive equipment due to permanent loss of use of his lower extremities from service-connected disabilities.

The Board denied the Veteran's claims for earlier effective dates for service connection of various disabilities, including right and left ankle degenerative joint disease, elbow degenerative joint disease, shoulder degenerative joint disease, lower extremity radiculopathy, lumbar spine degenerative joint disease, cervical spine degenerative changes, upper extremity radiculopathy, and bilateral calcaneal spurs. The effective dates for these disabilities were set at February 6, 2017.

The Veteran's appeals for service connection for headache and cervical spine disorders have been dismissed due to the appellant withdrawing his appeal.