Neck / cervical spine decisions — 2023

The Board denied service connection for various disabilities, including left foot, left ankle, right foot, right knee, neck, sinusitis, and type II diabetes mellitus. The evidence did not establish a nexus between these conditions and active service or a service-connected disability.

The Board has remanded the Veteran's claims for service connection and increased rating of bilateral pes planus due to insufficient medical evidence regarding the onset and etiology of his claimed disabilities, particularly left knee disability. The Veteran is also required to undergo VA examinations to determine the nature and etiology of his inguinal hernia, left elbow, left knee, neck, and back disabilities.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for further examination.

The Veteran's appeals for increased ratings and earlier effective dates have been withdrawn.,The Veteran's appeals for increased ratings and earlier effective dates have been withdrawn.,The Veteran's appeals for increased ratings and earlier effective dates have been withdrawn.,The Veteran's appeal for an earlier effective date has been withdrawn.,The Veteran's appeal for an earlier effective date has been withdrawn.,New evidence has been submitted to reopen the service connection claim for obstructive sleep apnea, but further review is needed before a decision can be made.,The Veteran's service connection claim for hypertension remains pending and requires additional development.,The Veteran's service connection claim for gastroesophageal reflux disease (GERD) remains pending and requires additional development.,The Veteran's service connection claim for a neck disability remains pending and requires additional development.,The Veteran's service connection claim for traumatic brain injury (TBI) remains pending and requires additional development.

The Veteran's claim of service connection for a traumatic brain injury (TBI) was denied due to the lack of current diagnosis and no evidence linking his symptoms to active duty. The claim for TDIU was also denied as the Veteran's service-connected disabilities did not render him unemployable.

The Veteran's cervical spine disability, alone or in combination with other service-connected disabilities, meets the schedular criteria for a TDIU rating from December 5, 2019 to July 1, 2021. However, SMC pursuant to 38 U.S.C. §1114(s) is remanded due to insufficient evidence of his inability to secure and follow substantially gainful employment.

The Board has ordered a remand to ensure substantial compliance with the March 2022 Board remand instructions, specifically regarding the Veteran's reported flare-ups and functional loss due to pain during range of motion testing.

The Veteran is granted an initial 10 percent rating for sinusitis prior to September 12, 2019. However, a higher rating is denied.,For the entire period on appeal, the Veteran's sinusitis does not meet the criteria for a rating in excess of 10 percent.

The Veteran's cervical spine disability was evaluated at 20 percent from January 1, 2015 to October 31, 2017. The Board denied ratings in excess of this level for the period.

The Board has determined that the Veteran's increased rating claims for cervical and lumbar spine disabilities need to be remanded due to the need for updated VA examinations.

The Veteran's claims for service connection were denied. The Board found that the evidence did not meet the criteria for service connection, except for a grant of entitlement to a separate compensable evaluation for radiculopathy of the left lower extremity.

The Board has remanded the cases of cervical DDD and degenerative arthritis, as well as OSA, for further development to determine their etiology.

The Board has denied the Veteran's claims for service connection for neck disability, bilateral upper extremity neurological impairment, back disability, allergic rhinitis, acquired psychiatric disorder (including PTSD and/or an eating disorder), and cervical dysplasia with HPV. The reasons include lack of continuity of symptomatology since service, no evidence of in-service injury or disease related to these conditions, and the absence of positive nexus opinions.

Your appeal has been dismissed as you have opted into the modernized review system.

The Board has restored the previously assigned disability ratings for cervical and thoracolumbar spine arthritis from 30% to 10%, finding that the reduction was improper due to inadequate examination reports.

The Board has remanded the Veteran's claims for service connection for ankylosing spondylitis of the cervical spine, lumbar spine, and bilateral hip condition due to in-service infections or exposure to herbicide agents. The AOJ must obtain a new medical opinion addressing the etiology of these conditions.

The Board denied earlier effective dates for the grant of service connection for cervical spine stenosis and left upper extremity radiculopathy, finding that no new and material evidence or notice of disagreement had been filed to keep the claims open.

The Veteran's initial ratings for left shoulder separation with bursitis and spondylolisthesis of the cervical spine were denied as there was no evidence showing that his range of motion was limited to less than 80 degrees or a combined range of motion less than 170 degrees, respectively.

The petition to reopen the claim of entitlement to service connection for PTSD is granted.,The petition to reopen the claim of entitlement to service connection for depression is granted.,The petition to reopen the claim of entitlement to service connection for degenerative joint disease, cervical spine is granted.,The petition to reopen the claim of entitlement to service connection for intervertebral disc syndrome, lumbar spine is granted.,The petition to reopen the claim of entitlement to service connection for hypertension is denied.,The petition to reopen the claim of entitlement to service connection for acquired psychiatric disorder (which includes PTSD and depression) is granted.

The Veteran's right wrist disorder is now granted as service connection.,The claims for lumbar strain and neck condition are remanded due to insufficient evidence.