Neck / cervical spine decisions — 2023

The Board has determined that the Veteran's neck disability is related to his military service, granting service connection for this condition.

The Board has restored service connection for degenerative joint disease cervical spine, residual midline incisional scar of the posterior neck, and depressive disorder NOS as these conditions are related to service.

The Veteran's appeal is being remanded due to the need for additional medical opinions regarding his claimed conditions and their relationship to service. The VA will also obtain updated treatment records, conduct TERA examinations, and schedule further examinations as needed.

The Board has determined that the Veteran's cervical spine disability did not originate in service or until years thereafter and is not otherwise etiologically related to service. Therefore, the claim for service connection for a cervical spine disability is denied.

The Board has remanded the Veteran's claims for rating increases for his lumbar and cervical spine conditions, as well as headaches. Additional medical records are needed to support these claims.

The Board denied the Veteran's claims for service connection for lumbar and cervical spine disabilities, finding that there was no evidence of a chronic condition in service or within the applicable presumptive period. The Board also found that the current conditions were not related to any in-service injury or disease.

The Board has granted service connection for obstructive sleep apnea, finding it at least as likely as not caused by the Veteran's service-connected major depressive disorder. The claims for degenerative arthritis of the shoulders and cervical spine DDD are remanded due to lack of a VA examination. The claim for radiculopathy of the right upper extremity is inextricably intertwined with the cervical spine disability.

The Veteran's service-connected disabilities, including PTSD with TBI and lumbar strain, have rendered him unable to secure or follow substantially gainful employment. The Board has granted a TDIU effective June 5, 2009.

The Veteran's appeal is remanded due to issues related to his cervical spine disability and OSA. Service connection for the cervical spine disability remains on appeal, as does a request for an increased rating. The service connection for OSA secondary to PTSD also needs further evaluation.

The Board has denied the Veteran's claims for service connection for a neck condition and hyperparathyroidism. The neck condition claim is denied, while the endocrine system claim is remanded due to insufficient evidence.

The Board has decided to remand the Veteran's claim for a cervical spine disorder due to insufficient evidence regarding its etiology. The Veteran needs to undergo a VA examination to determine if his current condition is related to service.

The Veteran's cervical strain is currently rated at 20 percent, but the Board finds no evidence of ankylosis or intervertebral disc syndrome (IVDS).,Right sided otalgia does not meet criteria for a compensable evaluation as there is no evidence of chronic suppurative otitis media, mastoiditis, cholesteatoma, or aural polyps.,Migraine headaches do not meet the criteria for a compensable evaluation under DC 8100.,Squamous cell carcinoma with lymphedema in remission does not meet criteria for a compensable evaluation as it is not comparable to systemic malignancies.,Neck neuralgia does not meet criteria for a compensable evaluation as it has not manifested as moderate incomplete paralysis.,Loss of sense of smell and taste do not meet criteria for a compensable evaluation as they are only partial loss without evidence of complete loss.,TDIU is denied due to the Veteran's service-connected disabilities.

The Veteran's claim for an increased rating in excess of 20 percent for cervical fusion is being remanded due to the need for a new examination to assess the severity and functional impact of his disability.

The Veteran's appeal for service connection for a psychiatric disorder, bilateral hearing loss, tinnitus, serous otitis media, and several other conditions were denied. The appeals for increased ratings for hearing loss and scars, as well as the effective date claims for serous otitis media and scars were also denied.

The Veteran withdrew his appeals for service connection for a low back disability and cervical spine disability. As a result, the Board dismissed these claims.

The Veteran's cervical spine disability is rated at 30 percent, effective from the date of the decision. A separate 20 percent rating for sleep impairment and muscle atrophy due to cervical spine disability is granted. Right upper extremity radiculopathy prior to November 8, 2016, is also granted a 40 percent rating.

The Board has determined that new and material evidence has been received to reopen the Veteran's claims for service connection for cervical spine, right hip, left hip, right ankle, and left ankle disabilities. These issues are now remanded for further development.

The Board has remanded the Veteran's claims for service connection and compensation under 38 U.S.C. § 1151 due to VA treatment for cervical spine, right shoulder, and right knee disabilities caused by a stress test on July 29, 2009.

The Board has remanded the Veteran's claims for further development due to insufficient nexus opinions provided by VA examiners.

The Veteran's PTSD is granted a 100% disability rating. The right leg, neck, and bilateral knee disabilities are remanded for further evaluation.