Neck / cervical spine decisions — 2023

The Veteran's claims for increased disability ratings for service-connected cervical spine conditions and lumbar sprain are being remanded due to the need for additional medical examination and translation of records.

The Veteran's service-connected conditions have rendered him unable to secure or follow substantially gainful employment, and the Board has granted a TDIU. The claims for increased ratings of left hip conditions are remanded.

The Board has granted service connection for a cervical spine disability and remanded the issues of evaluating lumbar radiculopathy.

The Veteran's lumbar spine disorder, diagnosed as degenerative arthritis of the lumbar spine with RLE radiculopathy, is granted service connection. Service connection for a cervical spine disorder and left lower extremity radiculopathy (secondary to lumbar spine disorder) are remanded. Service connection for psychiatric disability (secondary to lumbar spine disorder) is also remanded.

The Board has remanded the case due to the Veteran's failure to cooperate with scheduling of a VA examination. The case will be returned for further development.

The Veteran's PTSD is rated at 70 percent, effective September 27, 2014. His degenerative disc disease of the cervical spine and hypertension are each rated at 30 percent, also effective September 27, 2014.

The Veteran's neck disability and upper extremity radiculopathy are not rated higher than the current assigned ratings.

The Board has decided to remand the Veteran's claims for neck and low back disabilities due to insufficient medical opinions regarding their onset in service.

The Board has remanded the Veteran's claims for service connection due to outstanding personnel records and potential exposure to contaminated water. Additional medical opinions are needed regarding the etiology of his lumbar spine, cervical spine, gastrointestinal disorders, GERD, kidney cancer residuals, and hand tremors.

The Board has granted the Veteran's claims for service connection for high blood pressure, sleep apnea, cervical spine disability, left lower extremity radiculopathy, right lower extremity radiculopathy, pseudofolliculitis (now claimed as shaving profile), and upper extremity neurological condition. The claims are granted to the extent that they were not previously denied.

The Veteran's irritable bowel syndrome is granted service connection on a presumptive basis. The effective date for the 40% rating assigned for her lumbar spine disability is set at December 1, 2005. Her cervical and lumbar spine disabilities are granted higher initial ratings from the date of the March 2023 VA examination report.

The Board denied the Veteran's claims for service connection for traumatic brain injury, and initial ratings in excess of 10 percent for lumbar strain and degenerative disc disease with cervical strain. The evidence did not support current residuals of a TBI other than headaches, nor did it show functional impairment from these conditions.

The Board has remanded the Veteran's claims for low back and neck disabilities due to potential issues with service connection, including a need for further examination and opinion regarding preexisting conditions.

The Veteran's service connection claim for degenerative arthritis of the cervical spine was granted. The Veteran's tinea pedis bilateral feet with onychomycosis and erythema annulare was increased to a 10 percent rating, effective April 7, 2017. The Veteran's hemorrhoids were not increased in rating.

The Board has remanded the claims for service connection for an acquired psychiatric disability, lumbar spine disability, and cervical spine disability due to insufficient medical opinions addressing the relationship between these disabilities and the Veteran's service-connected physical disabilities.

The Board has found that additional development is needed to obtain updated treatment records, and the appeal for service connection on these issues is being remanded.

The Veteran's claims for service connection for various conditions, including cervical spine degenerative arthritis with spondylosis, left and right lower extremity neuropathy, erectile dysfunction (ED), right hip disability, bilateral onychomycosis, and migraine headaches have all been denied.

The Board has determined that the Veteran's cervical, lumbar, and thoracic spine disabilities may be related to service, but further examination is needed to establish a clear connection.

The Veteran's cervical spine condition was not shown as chronic in service, did not manifest to a compensable degree within one year of discharge, and was not noted in service with attributable continuity of symptomatology. The Board found no evidence linking the current cervical spine disability to his active service or any service-connected conditions.

The Veteran's claims for increased evaluations of her lumbar strain, left shoulder adhesive capsulitis, and cervical spine disability have been denied as the evidence does not support a higher rating under the applicable criteria.