Neck / cervical spine decisions — 2023

The Veteran's claim of service connection for bilateral knee disability was reopened, and he is now granted service connection. His claims for asthma are also granted, but his claims for thyroid disability, cervical spine disability, hypertension (secondary to major depressive disorder), sleep disability, bilateral hip disability, and erectile dysfunction (secondary to thoracolumbar spine degenerative arthritis with IVDS) remain pending.

The Board has ordered new examinations for the Veteran's cervical spine, thoracolumbar spine, right thigh, left knee, gum/dental, eye, and migraine conditions due to outstanding military records and potential competency issues.

The Veteran's claim for a higher rating for cervical spine disability is remanded.,The Veteran's claims for an earlier effective date for the lumbar spine and radiculopathy disabilities are denied as no factual ascertainable increase in severity occurred within one year prior to her January 29, 2016 claim.,The Veteran's claim for a total disability rating due to unemployability is granted.

The Veteran's prostate cancer is presumed to be due to herbicide agent exposure. Service connection for other conditions, including lumbar and cervical spine disorders, right shoulder and left shoulder disorders, bilateral arm and elbow condition, left hand disorder, right foot arthritis, left foot disorder, right toe disorder (except the right great toe), and left toe disorder are granted based on presumptive service connection under the PACT Act. Service connection for other conditions is denied.

The Veteran's claims for service connection and increased ratings are being remanded due to the need for additional examinations, including VA examinations for his acquired psychiatric disorder, neck disability, low back disability, right knee disability, left shoulder disability, sleep apnea, right ear hearing loss, and left ear hearing loss (for VA purposes).

The Veteran's claims for service connection for various disabilities, including a right shoulder disability, cervical spine disability, bilateral knee disabilities, and neurological disability of the right upper extremity have been denied. The Veteran's claim for headaches has also been denied.

The Board denied service connection for a neck disability and a left shoulder disability, finding that the evidence did not support a nexus between these conditions and active service.

The Board has decided to remand the case due to errors in addressing specific arguments and theories of service connection, including a May 1986 STR and additional theories related to service.

The Board has remanded the Veteran's claims for service connection for various disabilities, including left elbow, left shoulder, neck, right wrist, right elbow, and right shoulder disabilities. The claims are being returned to the RO for additional medical opinions addressing whether these conditions are related to his service-connected left wrist disability.

The Board has remanded the claims for service connection for left knee, right elbow, and cervical spine disabilities due to inadequate examinations. The Veteran's disability claims are currently pending.

The Veteran's headaches are rated at the maximum schedular rating of 50 percent. The Veteran's PTSD is currently rated at 70 percent, effective January 20, 2017. Other service-connected conditions have been assigned specific ratings.

The Veteran's MDD and headaches have been rated based on their severity, with some issues granted and others denied. The rating for MDD remains at 50% prior to August 19, 2022, but is denied for a higher rating after that date. Headaches are rated as 30% from August 7, 2019 to September 17, 2022, and denied for a higher rating starting from September 17, 2022.

The Board has determined that the Veteran does not have a current disability for which service connection can be granted, specifically for bilateral knee condition, bilateral hearing loss, and cervical spine condition. The Veteran's claim for back condition is also denied.,Service connection was denied for all issues due to lack of credible evidence supporting in-service incurrence or aggravation of the conditions.

The Board has granted service connection for left and right knee disabilities as secondary to the Veteran's service-connected low back disability. However, the cervical spine disability claim is remanded due to inadequate rationale in the previous opinion.

The Veteran's back disability was aggravated by his service-connected right and left knee disabilities.,The Veteran's headache disability was caused by his service-connected tinnitus.

The Board has determined that the Veteran's substantive appeal was untimely and thus, her claims are remanded for further action.

The Veteran's obstructive sleep apnea is granted as secondary to his service-connected disabilities. The rating for cervical strain remains remanded.

The Board has reopened the Veteran's claims for service connection for various hand and wrist disabilities, including those related to his service-connected left knee disability. The case is remanded for additional medical opinions regarding the nature and etiology of these conditions.

The Veteran's appeal for an increased evaluation of his service-connected cervical spine disability is being remanded due to the addition of VA treatment records after the March 2021 supplemental statement of the case. The AOJ will consider these new records in their initial review.

The Veteran's appeal is being remanded due to the need for updated VA and private treatment records, as well as an examination of his lumbosacral strain. Additionally, a SOC must be issued regarding service connection for a cervical spine disability.