Neck / cervical spine decisions — 2023

The Veteran meets the schedular criteria for TDIU, but his service-connected disabilities do not render him unable to secure or follow substantially gainful employment.

The Board has denied earlier effective dates for the grants of service connection for left shoulder strain with degenerative joint disease, neck disorder, and lower back disorder. The Veteran's claims were received on June 18, 2015, and January 28, 2016, respectively.,The Board has also remanded the issues of service connection for obstructive sleep apnea (OSA), erectile dysfunction, and cognitive impairment secondary to posttraumatic headaches and PTSD.

The Veteran's bilateral foot disability is related to service and granted.,The Veteran's tinnitus is related to service and granted.

The Veteran's claims for service connection for peripheral neuropathy of the left and right upper extremities, as well as a cervical spine disorder, were previously denied. The current petition to reopen these claims has not presented new and material evidence.,Service connection for chronic kidney disease was also denied due to lack of a current diagnosis.

The Board has remanded the claims for service connection for lumbar spine disorder, cervical spine disorder, and right-hand disorder due to inadequate etiological opinions in previous VA examinations.

The Veteran's claims for increased disability ratings for lumbar spine and cervical spine disabilities are being remanded due to the need for additional development, including further examination.

The Veteran's sleep apnea, gastrointestinal disability, dry eye disability, right ear infection, and neck disability were not found to be related to service or any in-service injury or disease.,Service connection was denied for all claimed conditions.

The Veteran's hearing loss, pinguecula (eyes burning), sleep apnea, hypertension, left shoulder disability, allergies, shin splints, knee pain, and neck disability are all remanded for further examination and opinion. The PACT Act is not applicable to these claims.

The Veteran's tinnitus is related to in-service exposure to hazardous noise.,The Veteran does not have a current diagnosis of bilateral hearing loss for VA purposes.,There is no evidence that the Veteran has a left elbow disability that began during active service or is otherwise related to an in-service injury or disease.,There is no evidence that the Veteran has a neck disability that began during active service or is otherwise related to an in-service injury or disease.,The Veteran's acquired psychiatric disabilities (including PTSD, unspecified depressive disorder, generalized anxiety disorder and alcohol use disorder) are not related to his service.

The Board has granted service connection for degenerative disc disease of the cervical spine and cervicogenic headaches as secondary to service-connected cervical spine disability, and has also granted TDIU based on the Veteran's multiple service-connected psychiatric and physical disabilities.

The Board has remanded the Veteran's claims for service connection for a cervical spine disability and an intestinal disability due to inadequate examination opinions. The AOJ is instructed to obtain new VA examinations that consider all evidence of record, including lay statements and medical literature.

The Board has found that the Veteran does not have currently diagnosed disabilities for which service connection can be granted, and thus remanded the case to obtain clarification on his neck disability.

The Veteran's cervical spine disability is granted as incurred in service.,Other claims for service connection are either remanded or reopened.

The Veteran's cervical segmental dysfunction and left knee disorder are granted service connection. The Board found that the Veteran had a current disability, in-service event, and causal relationship between his disabilities and service.

The Veteran's service-connected disabilities have prevented her from obtaining and maintaining substantially gainful employment, meeting the criteria for a TDIU.

The Board has decided to remand the Veteran's claims for further evaluation due to the elapse of over eight years since his last VA examination and the need for additional medical records.

The Board has granted service connection for a lumbar spine disability, but the issues of service connection for cervical and left hip disabilities are remanded due to lack of updated medical records.

The Board has decided to remand the Veteran's claim for service connection for a cervical spine disability (also claimed as a discogenic cervical and lumbar disease) due to insufficient rationale in the previous VA medical opinions. The Veteran is entitled to another chance to receive an adequate medical opinion with a complete rationale.

The Board has denied service connection for Traumatic Brain Injury (TBI) due to the lack of a current diagnosis. The cases for Neck Disability and Low Back Disability are remanded as the VA etiology opinions did not comply with the remand directives.

The Veteran's service-connected disabilities, including his lumbar spine and peripheral nerve conditions, require the regular aid and attendance of another person due to their effects on his ability to perform daily functions.