Neck / cervical spine decisions — 2023

The Veteran's right ulnar nerve impingement is granted as secondary to his service-connected cervical spine disability. The Veteran's obstructive sleep apnea, cervical spine disability, left middle finger disability, hiatal hernia with GERD, spondylosis of the thoracolumbar spine, and left ankle disability are all granted increased ratings.

The Board denied service connection for cervical spine disability, finding that the Veteran's disability was not shown as chronic in service and did not manifest to a compensable degree within the applicable presumptive period. The Board also found no continuity of symptomatology or etiological relationship between the current disability and an in-service injury or disease.

The Veteran's service-connected disabilities, including PTSD and lumbar spine disability, rendered him unable to secure and follow a substantially gainful occupation prior to June 26, 2018. The Board granted TDIU for this period.

The Board has remanded several claims for further development, including scheduling VA examinations and obtaining an etiology opinion regarding the Veteran's tinnitus. The remaining issues are also being remanded.

The Veteran's cervical spine disability was granted a rating of 50 percent effective June 5, 2023 for right upper extremity radiculopathy.,The Veteran's left upper extremity radiculopathy was granted a rating of 40 percent effective June 5, 2023.

The Veteran's claims for service connection for an acquired psychiatric disorder, a back disability, and a neck disability are being remanded due to insufficient medical opinions regarding the relationship between these conditions and his military service.

The Veteran's cervical spine disability is rated at 30 percent, effective September 11, 2023.,Service connection for degenerative arthritis of the thoracolumbar spine and cherry hemangioma are granted.,Cherry hemangioma is characterized as a medically unexplained chronic multi-symptom illness of unknown etiology.

The Veteran's claim for service connection for degenerative disc disease of the cervical spine, claimed as chronic neck pain is granted. The claims for right and left upper extremity radiculopathy are remanded.

The Board has remanded the claims for cervical spine disorder and left elbow disorder, including ulnar neuropathy, due to insufficient evidence regarding their etiology. The Veteran's statements about symptoms during service and post-service work as a forklift operator will be considered in forming opinions.

The Veteran's disc bulges, thoracolumbar spine disability is currently rated as 10 percent disabling prior to October 16, 2022 and in excess of 20 percent thereafter. The Board finds the evidence does not support a higher rating.,The Veteran's cervical spine spondylosis disability is currently rated as 10 percent disabling from April 14, 2011 to June 17, 2021; 20 percent disabling from June 18, 2021 to October 15, 2022; and 30 percent thereafter. The Board finds the evidence does not support a higher rating.

The Board has granted the Veteran's petitions to reopen his claims for service connection for various conditions, but has remanded these cases due to the need for additional medical examinations and opinions.

The Veteran's cervical spine disability is related to his active service, and the claim for service connection is granted. The claim of entitlement to service connection for a headache condition is remanded.

The Board has remanded the Veteran's claims for service connection for various disabilities, including TBI, neck disability, skin condition involving the feet, low back disability, left knee disability, and left ankle disability. The claims are being addressed on the merits due to new evidence received since the previous denials.

The Board has determined that the Veteran's cervical spine and thoracolumbar spine disorders are related to service, granting entitlement to service connection for these conditions.

The Board has determined that new and material evidence has been received to reopen several service connection claims, including for bilateral eye disability, psychiatric disorder, OSA, hypertension, cervical spine, left shoulder disability, right shoulder disability, left wrist disability (CTS), right wrist disability (CTS), left lower extremity disability (residuals of left femur fracture), gout, sinus disability (sinusitis), breathing disability (allergic rhinitis), colon cancer, colon polyps, hemorrhoids, and H. Pylori infection (claimed as stomach disability). These claims are now remanded for further development.

The Veteran's retroactive VA compensation payment for the period of October 1, 2010 to February 28, 2013 was calculated correctly based on his combined evaluation for compensation. The appeal is denied as additional retroactive compensation is not warranted.

The Veteran's appeals for left knee, right ankle, and cervical conditions have been remanded due to the need for additional medical opinions.

The Veteran's left, right knee disabilities and cervical spine disability are granted as service connected. The Veteran's left ear hearing loss is also granted but the initial rating for his right ear hearing loss remains remanded.

The Veteran's claim for a higher rating for his service-connected cervical spine disability is being remanded due to the need for additional medical examination and assessment of functional loss.

The Board denied the Veteran's claims of service connection for right wrist, cervical spine, and bilateral hip disabilities due to lack of evidence showing a nexus between these conditions and his military service.