Neck / cervical spine decisions — 2023

The Veteran's initial claim for a higher rating for cervical spine degenerative arthritis was granted, and he is now receiving a 40 percent rating from March 21, 2011 until January 10, 2013. Special monthly compensation has also been granted.

The Veteran's claim for restoration of the 40 percent rating for osteoarthritis of the lumbar spine is granted. The claims for a higher rating for cervical strain and right lower extremity radiculopathy are denied, but she was granted TDIU effective July 12, 2015.

The Veteran's claims for service connection have been reopened, but the Board has determined that further development is needed before a decision can be made on whether she is entitled to service connection for her claimed conditions.

The Board has remanded the claims for additional development due to incomplete records and for new VA examinations.

The Board has remanded the Veteran's claims of service connection for right knee, left knee, lumbar spine, and cervical spine disabilities due to lack of contemporaneous medical records and insufficient documentation recording the Veteran's complaints or diagnoses during service.

The Board has dismissed the appeals for service connection of various conditions due to the appellant's withdrawal of these claims. The claim for a higher rating for PTSD remains pending.

The Veteran's claim for service connection for cervical disc disease with radiculopathy is granted. The Board found that the evidence was in approximate balance and decided in favor of the Veteran, finding his current condition likely related to his active service.

The Board has remanded the claims for bilateral hearing loss, tinnitus, migraines, and degenerative arthritis of the cervical spine due to insufficient medical opinions regarding their etiology.

The Veteran's claims for service connection for chronic headaches and a cervical spine disability are both granted.

The Veteran's appeal for service connection for erythema nodosum has been dismissed due to the appellant's request for withdrawal.,The Board is remanding several issues including tinnitus, acid reflux disease, astigmatism, presbyopia, myopia, cervical dysplasia, uterine fibroids, left knee Baker's cyst, demyelinating disease, bilateral foot neuropathy, and bilateral lower extremity sciatic nerve disability for further development.

The Veteran's left ankle injury, including Achilles tendonitis and osteoarthritis, is granted service connection. The Veteran's bilateral foot conditions are remanded for further examination and opinion. His hearing loss is remanded for a new VA examination to determine the current degree of impairment. Service connection for bronchitis is also remanded.

Service connection for residuals of a right donor nephrectomy, including a scar, and cervical spine degenerative joint disease (DJD) have been granted.,Service connection for bilateral carpal tunnel syndrome has been denied.

The Veteran's claim for compensation under 38 U.S.C. § 1151 for hepatitis C resulting from a VA surgical procedure on September 5, 2006 is denied.,The Veteran's claim for compensation under 38 U.S.C. § 1151 for a cervical disability resulting from a VA surgical procedure on September 5, 2006 is remanded due to the need for additional medical opinions and development of records.,The Veteran's service connection claim for hepatitis C is remanded due to the need for an addendum opinion regarding its etiology.

The Board denied service connection for abdominal/cervical pain as there is no current disability and the Veteran's symptoms are not supported by objective evidence.

The Veteran's claims for service connection have been granted, and the issues of entitlement to increased ratings for his lumbar spine disability, left knee disability, and left knee scar are remanded.

The Board has remanded the Veteran's claims for increased ratings of his cervical spine disability and bilateral upper extremity radiculopathy due to incomplete information in the medical opinions provided.

The Board has restored the Veteran's 20% rating for cervical degenerative arthritis/spondylosis and granted service connection for obstructive sleep apnea as secondary to his service-connected major depressive disorder with traumatic brain disorder. The reduction in rating was improper due to inadequate procedural notice.

The Veteran's cervical spine strain with degenerative changes and radiculopathy is granted a 20% rating prior to December 3, 2019. Since then, the claim for a higher rating remains denied. The lumbar spine strain with degenerative changes is also granted a 20% rating since December 3, 2019. Additionally, entitlement to TDIU based on service-connected disabilities is granted.

The Veteran's service connection claims for fatigue disorder and cervical spine disorder have been denied. The Board found no evidence of a separate and distinct disability for fatigue disorder, and the cervical spine condition is not related to service.,For TDIU, the Veteran has multiple service-connected disabilities that prevent him from obtaining and maintaining substantially gainful employment.

The Board has remanded the claims for cervical spine disability, right upper extremity radiculopathy, and migraine headaches secondary to service-connected lumbar spine disability.