Neck / cervical spine decisions — 2023

The Veteran's back and neck disabilities have been granted service connection.,Service connection for the right leg disability is denied.

The Veteran's cervical spine disability, including osteoarthritis and radiculopathy, is related to an in-service fall. The Board has determined that the criteria for service connection have been met.

The Veteran's claims for increased ratings were denied. The Board found that the evidence did not support higher disability ratings for his shoulder, spine, elbow, knee, and tension headaches disabilities.

The Board has remanded the Veteran's claims for service connection due to insufficient medical evidence. The Veteran is required to provide two independent medical opinions supporting his diagnoses and their relationship to active service.

The Board has granted the Veteran's petitions to reopen his claims for service connection for residuals of an acute lumbosacral strain and residuals of an acute cervical strain, finding that new and material evidence was submitted.,However, the petition to reopen the claim for service connection for residuals of acute atypical psychosis was denied as no new and material evidence was received.

The Veteran's neck disability is granted a 20 percent rating, but no higher, prior to October 10, 2022. A rating in excess of 30 percent for the period after October 10, 2022 is denied.

The Veteran's claim for an initial compensable rating for chronic sinusitis has been denied as his symptoms do not meet the criteria for a higher rating.,Service connection for diabetes mellitus, type II and bilateral peripheral neuropathy of the legs is remanded due to insufficient evidence regarding exposure to herbicides or service connection on other grounds.

The Veteran's cervical spine disability, radiculopathy of the right upper extremity, and radiculopathy of the left upper extremity have been granted initial ratings. The Veteran has also been granted a total disability rating based on individual unemployability.

The Board has granted service connection for lumbar spine, cervical spine, and right knee disabilities.,These conditions are deemed to be directly related to the Veteran's military service.

The Veteran's left elbow status-post avulsion fracture, lumbosacral strain, and cervical strain have been granted service connection with a noncompensable rating. The Veteran's acquired psychiatric disability has also been granted service connection.

The Board has remanded the cases for further development and consideration due to inadequate medical opinions in previous decisions.

The Board has remanded the case for new VA examinations to determine if the Veteran's current spinal and shoulder conditions are related to his in-service motor vehicle accident. The previous VA examinations were deemed inadequate due to lack of thoroughness and consideration of the Veteran's pain reports.

The Board has remanded the Veteran's claims for bilateral hearing loss, right knee, left knee, cervical spine disorder, CFS, right fingers, left fingers, right hip, left hip, lumbar spine disorder, right wrist, left wrist, left leg, right shoulder, left lower extremity sciatic nerve disorder, burns of the right tibia/fibula, and GERD disorders due to incomplete service treatment records and lack of confirmation of active duty for training (ACDUTRA) or inactive duty for training (INACDUTRA).

The Veteran was found unable to secure and follow a substantially gainful occupation due to his service-connected disabilities prior to September 20, 2013.

The Board denied the Veteran's claims of entitlement to service connection for various conditions, including bilateral hearing loss, tinnitus, hepatitis C, low back disability, neck disability, and gout. The evidence did not establish a direct relationship between these conditions and his active service.

The Board has granted service connection for the Veteran's cervical spine, stomach, bilateral ankle, and bilateral foot disabilities due to their being aggravated by preexisting conditions.

The Veteran's claim for an initial rating in excess of 10 percent prior to December 3, 2019, and in excess of 20 percent thereafter, for his cervical spine disability has been denied due to the Veteran's failure to appear at a scheduled VA examination.

The Veteran's fibromyalgia and left testicle varicocele with voiding dysfunction are granted. The Veteran is assigned a 40% rating for the left testicle varicocele condition.

The Veteran's service-connected disabilities, including degenerative disc disease of the lumbar spine and radiculopathy in all four extremities, prevented him from securing and following substantially gainful employment. The Board granted TDIU on an accrued benefits basis.

The Board has remanded the case for further development, including a new VA examination to assess the severity of the Veteran's cervical spine arthritis.