Neck / cervical spine decisions — 2023

The Board has remanded the Veteran's claims for service connection due to incomplete medical opinions and further development is required.

The Board has remanded the case due to insufficient evidence in the May 2018 VA examination report, which did not consider all relevant factors including service treatment records and the Veteran's testimony. The examiner needs to provide a new opinion on whether the cervical spine disability is related to service.

The Board has determined that the VA medical opinions obtained and associated with the claims file are inadequate for purposes of determining service connections. The Veteran's cervical spine, left ankle, and right ankle disabilities have been remanded for additional development.

The Board has determined that the Veteran's neck, lower back, right knee, and left knee disabilities are related to his service-connected left ankle disability. The VA examinations were inadequate as they did not consider the Veteran's lay statements regarding the onset and continuity of symptomatology.

The Veteran's claims for increased disability ratings for service-connected cervical strain and thoracolumbar strain with lumbar lordosis are remanded due to the need for a new VA examination to assess the current severity of his disabilities.

The Veteran's IBS and associated fecal incontinence are rated at 30 percent, effective June 1, 2008. A separate 30 percent rating is granted for anal fissures from the same date. The Veteran is granted a TDIU from June 1, 2008 to September 11, 2018.

The Board has dismissed the appeals for hypertension and left wrist disability. Service connection is granted for lumbar spine, cervical spine, bilateral shoulder, and right knee disabilities.

The Board has remanded the Veteran's claims for additional development due to incomplete range of motion testing in his neck and back examinations.

The Board has remanded the Veteran's claims for an increased disability evaluation for cervical strain and for TDIU due to issues with scheduling a VA examination. The Veteran is seeking higher ratings for his service-connected cervical spine disability.

The Veteran's claims for service connection have been reopened, and the Board has ordered remand for further development regarding his cervical spine condition, bilateral upper extremities radiculopathy conditions, right knee condition, left hand carpal tunnel condition, and right hand carpal tunnel condition.

The Board has determined that the Veteran's cervical degenerative disc disease is related to his service, and thus grants service connection for this condition.

The Veteran's claims for service connection of a left shoulder disability, neck disability, and increased rating for adjustment disorder with depressed mood are being remanded. The claim for service connection is reopened due to new evidence received since the May 2012 rating decision. For the period prior to May 20, 2020, his adjustment disorder with depressed mood is rated at 50%. From May 20, 2020, it warrants a 70% rating.

The Board has remanded the Veteran's claims for service connection due to procedural errors and the need for additional development, including toxic exposure risk activity (TERA) examinations.

The Veteran's service-connected disabilities did not render him unable to obtain and maintain substantially gainful employment prior to January 25, 2022.

The Veteran's cervical strain is rated at 20 percent, but a higher rating of 30 percent is granted.,TDIU from February 28, 2008, is granted.

The Board has remanded the cases for further development, including obtaining private medical records and scheduling a VA examination to evaluate the Veteran's cervical spine disability. The issues are inextricably intertwined with the TDIU claim.

The Veteran's cervical strain, thoracolumbar spine degenerative arthritis (back disability), right and left lower extremity radiculopathy, right upper and left upper extremity radiculopathy, degenerative arthritis of the knees, and knee limitations are remanded for further development.

The Veteran's service-connected disabilities do not render him unemployable at any point during the period on appeal.

The Veteran's bilateral hearing loss is granted at a 10 percent rating effective January 11, 2020. The left ankle disability and cervical spine condition are both remanded for further examination.

The Board dismissed the Veteran's claims for service connection of cervical spine, right knee, and left knee disabilities. The lung disability claim was denied as there is no evidence of a current disability. Radiculopathy claims were also denied.