Neck / cervical spine decisions — 2023

The Board has determined that additional evidence must be considered before a final decision can be made on the Veteran's claims for service connection.

The Veteran's claims for increased ratings and service connection have been remanded due to the need for additional examinations and consideration of his reported in-service injury.

The Board has granted the Veteran's claim for service connection for a cervical spine disability, finding that it is proximately caused or aggravated by his service-connected fibromyalgia and psychiatric disabilities.

The Veteran's ratings for GERD and cervical spine strain were restored to their prior levels of 30 percent, effective January 1, 2019.

The Board has remanded the claims for lumbar spine disorder, cervical spine disorder, and bilateral knee disorders due to inadequate nexus opinions provided by a VA examiner. The Veteran reported falling while carrying heavy gear during enemy attacks in Vietnam, which may be related to his current conditions.

The Board has reopened the claim for service connection for a neck disability and remanded the remaining issues of rating, TDIU, and SMC based on need for aid and attendance. The Veteran is required to undergo VA examinations to determine the nature and etiology of his neck disability and the current severity of his low back disability.

The Board has found that the claims for TDIU and SMC based on need for regular aid and attendance are remanded due to lack of substantial compliance with prior Board directives.

The Board has decided to remand the claims of service connection for various musculoskeletal conditions, including hernias and spinal issues in the neck, back, and shoulders. The Veteran is required to provide additional information about how these conditions were caused by physical trauma sustained during military sexual assaults.

The Board denied service connection for a cervical spine disability, finding that the Veteran's condition pre-existed his periods of active duty and was not aggravated by any in-service events.

The Veteran's claims for service connection for right and left knee disabilities are denied as there is no evidence of a current disability during the appeal period.,The Veteran's claim for service connection for a cervical spine disability is denied as there is no evidence of a current disability during the appeal period.

The Veteran's GERD with hiatal hernia is granted an initial 30 percent rating, effective from the date of the decision. The ratings for cervical strain with IVDS and degenerative arthritis of the lumbar spine are denied prior to October 19, 2021, but granted thereafter. Separate ratings for left hip bursitis and patellar instability associated with left knee degenerative arthritis are granted effective from October 19, 2021. The rating for right knee bipartite patella with discoid medial meniscus is granted a separate 20 percent rating as of January 28, 2022.

The Veteran's service-connected conditions, including degenerative joint disease of the lumbar spine and cervical spine, left and right lower extremity radiculopathies, and bowel incontinence, have been rated based on their severity. The decision grants increased ratings for some conditions but denies others.

The Veteran's requests to reopen his claims for service connection for weight gain, adjustment disorder, OSA, lymphogranulomatosis, plantar fasciitis, and cervical spine disability were denied. The effective dates for the awards of service connection for voiding dysfunction and SMC based on loss of use of a creative organ remain unchanged.

The Veteran's increased rating claims for lumbosacral strain, cervical strain, left knee arthritis with internal derangement, right upper and lower extremity radiculopathy have all been denied.,Specifically, the criteria for a higher rating were not met for each condition.

The Board has granted service connection for cervical spine, lumbar spine, and left knee disabilities. However, the appeal is remanded for further action on claims for osteopenia, migraine headaches, an acquired psychiatric disability, a left shoulder disability, and a right knee disability.,Service connection is established for tinnitus due to its presumptive association with service in the Southwest Asia theater of operations during the Gulf War.

The Veteran's claims for service connection have been withdrawn. The remaining issues, including those related to the left hand and right knee disabilities, are being remanded due to insufficient evidence.

The Veteran's tinnitus and cervical spine disability are granted service connection, but his bilateral hearing loss disability is denied. The case is remanded for further examination to determine the etiology of the cervical spine disability.

The Board has decided to remand the claims for increased ratings for cervical spine sprain with intervertebral disc syndrome and right knee patellofemoral pain syndrome with arthritis due to the passage of time since the last VA examinations, which are necessary to assess current severity.

The Veteran's claims for service connection for various conditions are remanded due to the need for additional examinations and medical opinions.,The Veteran's claim for a TDIU is also remanded as it is inextricably intertwined with the other issues.

The Board has reopened the Veteran's claims for service connection for lumbosacral and cervical spine disabilities, but has remanded both issues due to insufficient evidence.