Neck / cervical spine decisions — 2023

The Board has remanded the issues of entitlement to service connection for left ankle, right ankle, heart, and neck disabilities due to inadequate opinions in previous VA examinations. The Veteran's lay statements regarding the onset and persistence of his symptoms are considered.

The Veteran's claims for posttraumatic stress disorder, major depressive disorder, and thoracic outlet syndrome with cervicalgia have all been granted. The diagnoses are linked to in-service military sexual trauma and injuries sustained during active duty.

The Board has decided to remand the case due to the need for updated VA treatment records, VR&E records, and clarification of the Veteran's occupational history. The Veteran must also undergo VA examinations to determine the severity of his lumbar spine, cervical spine, and left ankle disabilities.

The Veteran's service-connected disabilities did not preclude him from obtaining and maintaining substantially gainful employment prior to December 13, 2021.

The Veteran's appeals for various secondary service connection claims have been dismissed due to their death. The Board has no jurisdiction to adjudicate the merits of these appeals.

The Veteran's cervical spine disability is currently rated at 10 percent, and the Board denied a higher rating. The Veteran's herniated disc at L4-L5 remains rated at 40 percent since October 1, 2013.

The Board has remanded the Veteran's claims for increased disability ratings due to inadequate VA examinations. The Veteran is seeking higher ratings for his cervical spine and low back disabilities.

The Veteran's petition to reopen his previously denied claims for left knee disability, TBI, left wrist disability, cervical spine disability, and a left hip disability (secondary to right hip) was denied due to lack of new and material evidence. The Board found that the Veteran did not have current diagnoses or functional impairment related to these conditions.

Service connection for eczema, sinusitis, and BPV as secondary to tinnitus has been reopened.,Headaches have been granted service connection. The effective date is July 18, 2017.

The Veteran's claims for service connection have been granted, with effective dates ranging from March 16, 2001 to January 4, 2008. The conditions were related to his military service and the VA has assigned full ratings (100%) for all granted issues.

The Veteran's claims for higher ratings on multiple conditions are being remanded due to the need for additional medical opinions and consideration of new evidence.

The Board has determined that additional development is needed for the Veteran's claims of entitlement to specially adapted housing, special home adaptation grant, and special monthly compensation based on the need for aid and attendance due to his service-connected disabilities. The Veteran will be scheduled for VA examinations to assess the severity and manifestations of his service-connected conditions.

The Veteran's claims for higher ratings for her migraine headaches, cervical spine condition, right shoulder arthroscopic bursectomy, and right upper extremity radiculopathy are being remanded due to the need for additional examinations.

The Veteran's cervical spine strain with degenerative disc disease was improperly reduced from 20% to 10%, and the 20% rating is restored. The Veteran's lumbar spine disorder, right lower extremity radiculopathy, left hip disorders, and bilateral hearing loss were remanded for further evaluation.

The Board has granted service connection for a cervical spine disability and an increased rating of 40 percent for lumbar back disability, effective from July 12, 2016. The claim for increased initial rating in excess of 10 percent for left lower extremity radiculopathy was denied.

The Veteran's claim for a compensable rating for bilateral hearing loss is remanded due to the possibility of worsening since his last VA examination in July 2016.,The Veteran's claim for service connection for diabetes mellitus, type II as due to herbicide agent exposure is remanded because there may be new evidence indicating exposure within the territorial waters of Guam or the Republic of Vietnam during his active duty service.,The Veteran's claim for service connection for erectile dysfunction as secondary to diabetes mellitus, type II is remanded due to the possibility that the condition has worsened since the last VA examination in July 2016.,The Veteran's claim for service connection for gastroesophageal reflux disease (GERD) is remanded because there may be new evidence indicating exposure within the territorial waters of Guam or the Republic of Vietnam during his active duty service.,The Veteran's claim for service connection for chronic kidney disease is remanded due to the possibility that there may be new evidence indicating exposure within the territorial waters of Guam or the Republic of Vietnam during his active duty service.,The Veteran's claim for service connection for a cervical spine disorder is remanded because there may be new evidence indicating exposure within the territorial waters of Guam or the Republic of Vietnam during his active duty service.,The Veteran's claim for service connection for a right shoulder disorder is remanded due to the possibility that there may be new evidence indicating exposure within the territorial waters of Guam or the Republic of Vietnam during his active duty service.,The Veteran's claim for service connection for a left shoulder disorder is remanded due to the possibility that there may be new evidence indicating exposure within the territorial waters of Guam or the Republic of Vietnam during his active duty service.,The Veteran's claim for service connection for a right knee scar is remanded because there may be new evidence indicating exposure within the territorial waters of Guam or the Republic of Vietnam during his active duty service.,The Veteran's claim for service connection for presbyopia is denied as refractive errors are not considered diseases or injuries under VA regulations.

The Board has granted service connection for a back disability, neck disability, right knee disability, and psychiatric disability due to their proximate relationship to the Veteran's service-connected left above the knee amputation. The Veteran is also granted a 20 percent rating for her scar associated with her left above the knee amputation.

The Veteran's cervical strain and right trochanteric tender (bursitis) have been remanded for further evaluation. Service connection is also being remanded for a non-penetrating muscle injury, group XVII (piriformis syndrome).

The Board has dismissed all pending appeals related to service connection for various conditions, including erectile dysfunction, hip conditions, back and neck disabilities, vision issues, coughing, numbness in arms and legs, migraines, and PTSD. The Veteran requested withdrawal of his appeals prior to the decision being made.

The Board has remanded the Veteran's claims of service connection for various spinal and joint conditions due to conflicting opinions from VA examiners regarding their etiology. The Veteran contends that his current conditions are related to service, including strenuous exercises during bootcamp and marching band activities.