Neck / cervical spine decisions — 2023

The Board has remanded several issues related to the Veteran's claims, including service connection for hearing loss, tinnitus, bilateral shoulder disabilities, a right knee disability (including below the knee amputation), and right lower extremity radiculopathy. The specific nature and etiology of these conditions will need to be addressed through further examination and opinion.

The Veteran was granted a TDIU from November 10, 2018, due to service-connected depressive disorder. He also qualified for special monthly compensation based on housebound status.

The Board has remanded the case due to conflicting dates of service and incomplete records. The neck condition is being reviewed for its connection to military service, but more evidence is needed.

The Veteran's cervical spine disorder is denied as there is no credible evidence of an in-service injury or event related to his neck, and the medical opinion provided does not link his current diagnosis to service.

The Board has remanded the case due to inadequate reasoning and lack of examination for determining whether the Veteran's lumbar spine disability is secondary to his service-connected cervical spine degenerative arthritis.

The Veteran's right upper extremity radiculopathy was granted a disability rating of 40 percent from December 21, 2007 to January 9, 2013 and from April 21, 2015 to February 6, 2018.,The Veteran's right upper extremity radiculopathy was granted a disability rating of 40 percent from January 8, 2019.

The Board has remanded the Veteran's claims for service connection for various disabilities, including acquired psychiatric conditions and musculoskeletal issues. The appeals are pending due to incomplete development of evidence related to stressor verification and examination.

The Board has remanded several issues for further development, including rating higher than 20 percent for low back disability, cervical spine disability, left upper extremity radiculopathy, and cystic acne; service connection for thyroid disability secondary to cystic acne; and total disability rating based on individual unemployability.

The Board has granted service connection for left shoulder disorder, cervical spine disorder, and lumbar spine disorder. The evidence supports a finding that these conditions were incurred during service.

The Veteran's claims for increased ratings and service connection were denied. The claim for increased ratings was denied as the evidence did not show that the Veteran met the criteria for a compensable evaluation prior to January 31, 2018, in excess of 10 percent prior to July 5, 2022, and in excess of 20 percent thereafter. The claims for service connection were denied as there was no evidence of a current skin disorder or headaches at any time during the pendency of the claim.

The Board has determined that new VA examinations are needed to determine the etiology of the Veteran's claimed disabilities, as the previous opinions were based on a lack of evidence in the service treatment records and did not adequately consider the Veteran's lay statements regarding his symptoms during service.

The Veteran's appeal is remanded for additional examinations and development of his TDIU claim. The issues of rating in excess of 50 percent for major depressive disorder, rating in excess of 40 percent for right upper extremity radiculopathy, and rating in excess of 30 percent for neck disability are also remanded.

The Board has determined that the Veteran's cervical spine disability and headaches are not related to service or service-connected conditions, and thus service connection is denied.

The Board has remanded the Veteran's claims for increased ratings due to inadequate examination reports and potential worsening of symptoms. The Veteran is seeking higher ratings for his service-connected neck disability and left lower extremity radiculopathy.

The Veteran's cervical spine fusion is granted with a 30 percent evaluation prior to June 3, 2022. The increased evaluations for the right upper extremity radiculopathy and SMC based on aid and attendance or housebound status are denied.

The Veteran's cervical spine disability and jungle rot of the groin area are not service-connected. The Veteran was granted initial ratings for PTSD, diabetes mellitus type II with bilateral diabetic retinopathy and pseudophakia, and back disability from July 12, 2018 to November 29, 2021. Other disabilities were denied or had their ratings maintained.

The Veteran's claims for increased ratings for his service-connected lumbar and cervical spine disabilities, as well as the TDIU claim, are being remanded due to inadequate VA examinations. The Veteran needs new VA examinations to assess the severity of his spine disabilities.

The Veteran's appeal is remanded for further examination and evaluation of his bilateral shin splints and cervical spine condition.

The Veteran's claim for service connection of a cervical spine disorder is being remanded due to the need for additional medical records and an opinion regarding the relationship between his current condition and service.

The Board has remanded the claims due to new evidence received after the appeal was certified to the Board in October 2018.