Neck / cervical spine decisions — 2023

The Veteran's claim for a higher rating for his cervical spine disability is being remanded due to the need for a more contemporaneous VA examination.

The Veteran's appeal is being remanded to obtain additional medical opinions regarding the nature and etiology of his migraine headaches, jaw pain and facial spasms, left shoulder, forearm, and hand pain, cervical spine disability, and diplopia (double vision).

The Veteran is entitled to a total disability evaluation based on individual unemployability prior to February 13, 2015 due to his service-connected disabilities. On or after February 13, 2015, the combined rating of his service-connected disabilities does not meet the criteria for TDIU.

The Board denied the Veteran's claim for service connection of a neck condition, finding that there was no in-service injury or disease related to her current disability and insufficient evidence of continuity of symptomatology post-service.

The Veteran's service connection claims for bilateral hearing loss and cervical spine condition have been granted. The Board found that the Veteran had continuous symptoms since service, which is considered as continuity of symptomatology.

The Board has remanded the case due to insufficient medical opinion regarding the relationship between the Veteran's current cervical spine disability and his in-service injury. The claim will be further evaluated with a new examination.

The Board denied the Veteran's claim for Total Disability Rating Based on Individual Unemployability (TDIU) because he did not submit a VA Form 21-8940, which is required to determine his eligibility for TDIU. The form would have provided information about his employment and educational history.

The Board has granted the Veteran's petition to reopen his claim of service connection for a lumbar spine disability. The issues of service connection for cervical spine, right lower extremity neurological, left lower extremity neurological, and gastroesophageal conditions are remanded due to the need for additional medical opinions. Service connection for hypertension is also remanded.

The Veteran's appeal is being remanded for further examination and development regarding her cervical disorder and headaches, including a rating increase and service connection claims.

The Board has determined that the effective dates for increased ratings are not prior to October 31, 2016. The Veteran's claims for higher ratings and TDIU have been remanded due to inadequate medical opinions.

The Veteran's neck disability is granted a 20% rating, effective December 7, 2022.,The Veteran's right upper extremity radiculopathy is granted a 20% rating, effective December 7, 2022.,The Veteran's left upper extremity radiculopathy is granted a 20% rating, effective December 7, 2022.

The Board has remanded the claims for neck condition and hematologic condition due to inadequate examinations and opinions. The right knee condition, atypical chest pain, and bruxism cases are also being remanded.,The appellant's anemia is being remanded as there is no discussion on whether it may be presumptively connected to service under the PACT Act or Agent Orange/Camp Lejeune exposure.,The right knee condition is being remanded due to inadequate examination and opinion. The atypical chest pain case is also being remanded for a clear diagnosis and opinions on both direct and secondary service connection, while the bruxism case is being remanded for an opinion on secondary service connection.,The appellant's atypical chest pain is being remanded as there are no conclusive diagnoses of the condition. The right knee condition is being remanded due to inadequate examination and opinion. The bruxism case is also being remanded for a clear diagnosis and opinions on both direct and secondary service connection.,The appellant's bruxism is being remanded due to inadequate examination and opinion, as well as lack of consideration of his service-connected psychiatric condition.

The Board has denied the Veteran's claims for service connection for neck disability, right shoulder/arm condition, and right clavicle condition due to lack of evidence showing these conditions were incurred or aggravated by military service.

The Veteran's TDIU and increased rating claims for cubital tunnel syndrome were denied. The Board found that the evidence did not support an earlier effective date for TDIU or a higher rating for cubital tunnel syndrome.

The Veteran's claims for increased evaluations of his cervical strain and TBI, as well as service connection for a respiratory disability (claimed as asthma) secondary to his service-connected neurocognitive disorder with mixed anxiety and depressive features, are being remanded due to the failure to schedule VA examinations. The issue of entitlement to a total disability rating based on unemployability due to service-connected disability is also being remanded.

The Board has determined that there is not substantial compliance with the May 2020 directives and has remanded several issues, including those related to hip replacements, cervical strain, lumbosacral strain, and service connection for the cause of death. The claims are being returned for further development.

The Board has reopened the Veteran's claims for service connection for lumbar spine, bilateral foot, and left knee conditions. However, these claims are still remanded as new VA examinations are needed to determine if these conditions are related to active duty service.

The Veteran's cervical spine disability and bilateral upper extremity radiculopathy were denied service connection as they did not originate in service or are otherwise etiologically related to his active service.,Service connection was also denied for the Veteran's obesity, which he claimed caused or aggravated his musculoskeletal conditions.

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

The Board has remanded the cases for further development and consideration, including obtaining service treatment records, addressing the propriety of a reduction in rating, scheduling VA examinations, and attempting to obtain medical records from non-VA providers.