Neck / cervical spine decisions — 2023

The Veteran's claims for increased ratings and service connection are being remanded due to the need for further development of the evidence.

Service connection for rhinitis and sinusitis is granted due to presumed exposure to fine, particulate matter during service in the Southwest Asia theatre of operations.,Service connection for a neck disability is denied as there is no evidence that it began during or is related to an in-service injury.

The Board previously denied the Veteran's claim for service connection for a cervical spine disability, but the Court of Appeals for Veterans Claims (CAVC) has ordered remand due to errors in the decision. The case is now before the Board again.

The Board has remanded the Veteran's claims for service connection for a benign cervical syrinx and a cervical spine condition (including cervicalgia) due to insufficient evidence of a nexus between these conditions and his military service. The Veteran is required to undergo VA examinations to determine if his current disabilities are related to his in-service motor vehicle accident.

The Board has denied service connection for right shoulder, left shoulder, and cervical spine disabilities due to a lack of evidence showing their onset during or within one year after active duty service, continuity of symptoms since service, or causation by service-connected conditions.

The Veteran's service-connected obesity is attributed to his service-connected left plantar wart and bilateral lower extremity peripheral neuropathy, which has caused him to develop polymyositis and arthritis of multiple joints. The Board grants service connection for these conditions on a secondary basis.

The Board has dismissed the appeals for service connection for numbness of the right and left lower extremities as these claims have been fully resolved by a July 2023 rating decision that granted service connection for bilateral lower extremity radiculopathy. The cervical spine disorder claim is remanded due to procedural issues.

The Board has determined that remand is necessary to confirm the Veteran's precise dates of all periods of active duty service, ACDUTRA and INACDUTRA. The AOJ should also obtain and associate with the claims file any and all outstanding medical records from the Veteran's periods of ACDUTRA and/or INACDUTRA.

Service connection for a neck condition and right shoulder condition is denied.,The Veteran's tinnitus claim is granted, but the issue of service connection for bilateral ear condition to include bilateral hearing loss needs further examination.

The Veteran's lumbar spine arthritis and cervical spondylosis were not shown as chronic in service, did not manifest to a compensable degree within the applicable presumptive period, and there has been no continuity of symptomatology since active service or within a year of separation from active service. The Board finds that the persuasive weight of the evidence shows these disabilities were not incurred in service.,The Veteran's right knee arthritis and left knee arthritis were also not shown as chronic in service, did not manifest to a compensable degree within the applicable presumptive period, and there has been no continuity of symptomatology since active service or within a year of separation from active service. The Board finds that the persuasive weight of the evidence shows these disabilities were not incurred in service.

The Board has remanded the case due to inadequate medical opinions regarding the Veteran's cervical spine disability and its relationship to service or any service-connected disabilities. The Veteran must provide additional evidence of his in-service injury and lay statements supporting his claim.

The Board has determined that additional medical examinations and opinions are needed to properly adjudicate the Veteran's claims for increased ratings, service connection, and TDIU. The issues have been remanded.

The Board has denied service connection for a cervical spine disorder and obstructive sleep apnea, finding that the Veteran's conditions are not related to his military service. The appeal regarding headaches is remanded due to inadequate VA medical opinions.,Service connection was denied for all three claimed conditions: cervical spine disorder, obstructive sleep apnea, and headaches (migraines).

The Veteran's cervical spine disability, rated at 30 percent prior to September 23, 2022, and in excess of 30 percent thereafter, does not meet the criteria for a higher rating under VA regulations. The Board found no evidence of forward flexion of the cervical spine to 15 degrees or less, favorable ankylosis of the entire cervical spine, or incapacitating episodes that would warrant a higher rating.

The Board has denied the Veteran's claims for service connection for a cervical spine disability and degenerative arthritis of the spine, finding that there is no evidence linking these conditions to his military service.

The Veteran's lumbosacral strain and sciatic nerve damage of the right lower extremity are granted service connection. His cervical strain, as well as his radicular nerve damage in both upper extremities, are denied.

The Board denied the Veteran's claims for service connection for sciatic nerve disability, cervical spine disability, and lumbar spine disability due to lack of a current diagnosis and insufficient evidence linking these disabilities to service.

The claim for cervical spine degenerative disc disease was denied in the August 2022 rating decision. New and relevant evidence has not been received to readjudicate this claim.,New and relevant evidence has been received for thoracolumbar spine degenerative arthritis and disc disease, and diffuse idiopathic skeletal hyperostosis, warranting readjudication of these claims.

The Veteran's appeal for higher level review of the September 2018 rating decision was denied due to being untimely.

The Board has remanded the Veteran's claims for hypertension, renal failure, cervical cancer, and special monthly compensation due to in-service onset or aggravation of these conditions. Additional development is needed to determine their etiology.