Neck / cervical spine decisions — 2023

The Board has denied the Veteran's claims for service connection for thoracic and cervical spine disabilities, finding no current disability or evidence of in-service injury that would support a grant of service connection.

The Board has determined that there has not been substantial compliance with the previous remand directives regarding the Veteran's claims for service connection for lumbar spine and cervical spine disorders. As a result, another remand is required.

The appeal of the compensable rating for bilateral shin splints and earlier effective date for the grant of service connection for bilateral shin splints is dismissed.,The claim to reopen service connection for cervical spine disability is granted, but a higher rating remains denied.,The Veteran's urinary incontinence prior to September 6, 2018, does not warrant a compensable rating. From September 6, 2018, the current 40 percent rating is appropriate.,Restoration of a 40 percent rating for lumbar spine disability from July 31, 2014, to present is granted.,The Veteran's lumbar spine disability does not meet criteria for higher than 40 percent ratings at any point during the appeal period.

The Veteran's cervical spine disability, right shoulder disability, and left knee disability claims are remanded for further evaluation.

The Board has remanded the Veteran's claim for a total disability rating for compensation based on individual unemployability due to service-connected disabilities (TDIU) prior to April 11, 2014. The case is referred to the Director of Compensation Service for extraschedular consideration.

The Board has remanded the Veteran's claims for service connection due to conflicting opinions regarding whether his PTSD caused or aggravated his tobacco use and obesity, which in turn may have contributed to his claimed disabilities. The case is being returned for further development.

The Board has found that the Veteran's scoliosis of the thoracolumbar spine with strain does not warrant a rating in excess of 10 percent. The cervical spine disability, degenerative disc disease, and radiculopathy issues are remanded for further examination and opinion.

The Veteran's claims for service connection have been reopened, but the issues of entitlement to service connection remain remanded due to insufficient evidence.

The Veteran's claim for an earlier effective date for a 70 percent rating for PTSD is granted as of March 11, 2015.,The Veteran's claim for an earlier effective date for a 30 percent rating for DDD of the cervical spine, C5-6 is remanded.

The Board denied service connection for left ankle disability, cervical spine disability, pelvic tumors, and diabetes mellitus, type II. The evidence did not support a finding of direct service connection for these conditions.

The Veteran's service-connected conditions, including migraine headaches, right shoulder issues, cervical strain, lumbosacral strain, and left knee chondromalacia, have rendered him unable to secure or follow substantially gainful employment since February 21, 2006. The Board has granted a total disability rating based on individual unemployability (TDIU) from that date.

The Veteran's initial 30 percent rating for cervical spondylosis status post fusion is granted. Ratings for right upper extremity cervical radiculopathy are denied for the periods specified, and a 50 percent rating is granted from May 14, 2019 onwards.

The Board has determined that additional medical opinions are needed to address the nature and etiology of the Veteran's claimed knee, ankle, shoulder, and elbow disorders, as well as his cervical spine disorder. The claims are being remanded for these purposes.

The Board has remanded the Veteran's claims for service connection for bilateral hearing loss, headaches, a mid-back injury, cervical spine degenerative joint disease (claimed as neck injury), radiculopathy of the left upper extremity, and radiculopathy of the right upper extremity due to lack of contemporaneous medical records and insufficient information.

The Veteran's claim for an increased evaluation of his cervical IVDS with degenerative arthritis was denied.,The Veteran's claim for TDIU was granted.

The Board has remanded the case due to incomplete documentation of the Veteran's periods of active duty, ACDUTRA, and INACDUTRA. The issues are inextricably intertwined with the SMC loss of use claim.

The Veteran's appeal has been dismissed due to his request to withdraw the entirety of his appeal.

The Board denied service connection for right and left upper extremity cervical radiculopathy as there was no in-service injury, disease, or event to which the current diagnosis could be related.

The Board has remanded the Veteran's claims for cervical spine condition, lumbar spine degenerative disc disease with right sacral fracture, and related radiculopathy of the sciatic nerve. The issues are being remanded due to the need for additional medical opinions regarding the nature and etiology of the Veteran's cervical spine condition, as well as the severity of her lumbar spine condition, right lower extremity radiculopathy, and associated scar.

The Veteran's tension headaches and radiculopathy of the right lower extremity have not been productive of characteristic prostrating attacks or other symptoms warranting higher ratings.,Service connection for asthma, respiratory insufficiency (COPD), sinusitis, neck disability, and muscle and joint pain has not been established.