Neck / cervical spine decisions — 2023

The Veteran's acquired psychiatric disorder, including intermittent explosive disorder and delusion disorder, is granted as secondary to his service-connected lumbar spine, cervical, and associated radiculopathies.,Service connection for a higher rating of 40 percent for the Veteran's service-connected lumbar spine disability is granted from November 4, 2020.

The Veteran's claims of service connection for various disabilities are being remanded due to the need for further development and examination.

The Board found that withholding VA compensation benefits to recoup separation pay in the amount of $13,958.15 was proper and denied the appeal.

The Veteran's claim for service connection for a cervical spine disability, including degenerative disc disease, has been reopened. The case is being remanded to determine the nature and likely etiology of his neck disability and whether it is related to service or his service-connected back disability.

The Board has remanded the cases due to a need for additional medical examination and consideration of medication effects on the Veteran's cervical spine and right shoulder disabilities.

The Board has decided to remand the cases for further development and clarification of the medical opinions provided, as they do not address all theories of entitlement raised by the Veteran.

The Veteran's acquired psychiatric disorder is related to military service, and the character of his discharge from his second period of service is not a bar to VA benefits.,Service connection for heart disease, hypertension, kidney disease, sleep apnea, bilateral knee disability, lumbar spine disability, cervical spine disability, and scars are remanded due to insufficient evidence.

The Veteran's claims for increased ratings and effective dates have been denied. The Board found that the criteria for higher ratings were not met, except for a March 29, 2013 effective date for service connection of right lower extremity radiculopathy.

The Board denied the Veteran's claims for service connection for lumbosacral strain with IVDS and cervical strain, finding that there was no evidence of a nexus between his current conditions and active military service.,Service connection for bilateral hearing loss was also denied as the Veteran did not meet the minimum degree of hearing loss required for VA purposes.

The Veteran's claim for an earlier effective date of March 4, 2009 for the award of service connection for right upper extremity radiculopathy has been granted. The Board also found that entitlement to a higher initial evaluation and SMC based on aid and attendance is warranted.

The Board has determined that the reduction in ratings for migraines, major depressive disorder, neck disability, lumbar strain with degenerative changes/arthritis, left knee patellofemoral syndrome, and right knee patellofemoral syndrome was improper. The Veteran's original ratings are restored.

The Board has decided to remand four of the Veteran's claims for increased ratings and one for service connection due to outdated examination reports. The Veteran will need new examinations for his bipolar disorder, degenerative arthritis of the thoracolumbar spine, cervical spine degenerative disc disease, and foot disorder.

The Board has remanded the Veteran's claims for service connection for a cervical spine disorder and a respiratory disorder due to insufficient examination opinions. The Veteran asserts his disorders are related to in-service injuries, including a motor vehicle accident and weightlifting during service.

The Board has remanded the cases for further action due to additional evidence added after a previous SSOC was issued.

The Veteran's claim of service connection for Meniere's syndrome, thyroid condition, and nausea is granted. Service connection is also established for TBI and neck disability.,Service connection for tinnitus was denied as the evidence does not show an exceptional disability picture.

The appeal for service connection of COPD has been withdrawn and dismissed. The appeals for service connection of upper back/neck disability and low back disability are remanded.

The Veteran's neck disability, right upper extremity radiculopathy, and left upper extremity radiculopathy are currently rated at the maximum allowable under VA regulations. The Board has determined that a higher rating is not warranted based on the evidence of record.

The Board has granted service connection for multiple conditions including left and right shoulder tendonitis, lumbar spine degenerative disc disease, cervical spine degenerative disc disease, left hip arthritis with subsequent replacement, right hip tendonitis, right and left knee patellofemoral pain syndrome, and left and right ankle tendonitis.

The Board has decided to remand the case due to insufficient opinions on secondary service connection and a need for additional VA treatment records. The Veteran's neck disability may be related to service, but there is uncertainty about whether it was caused or aggravated by his service-connected low back disability.

The Board has remanded three issues: increased initial ratings for left ankle sprain and cervical strain, and the effective date of a separate compensable rating for radiculopathy of the left upper extremity. The Veteran is to be examined to assess his left ankle (including any associated instability) and cervical spine disabilities without considering the ameliorative effects of medication. An opinion on when the radicular symptoms first manifested, and at what level of intensity prior to October 7, 2019, is also required.