Neck / cervical spine decisions — 2023

The Board has granted service connection for degenerative disc disease of the cervical spine and dismissed the claim for a right ankle disability.

The Board has granted service connection for cervical spine disorder and migraine headaches. The remaining issues of entitlement to service connection for hip and knee disorders are remanded.

The Veteran's right knee disability status post total knee replacement is granted as service connection. The Veteran's left ear hearing loss, cervical/lumbar spine disability, hypertension (HTN), and abnormal heart rate are denied.

The Veteran's special monthly compensation based on the need for aid and attendance has been granted, effective from his death in December 2021.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to his service-connected disabilities, finding that they do not preclude him from securing or following substantially gainful employment.

The Board has denied service connection for various hand, wrist, elbow, cervical spine, and knee conditions due to a lack of evidence showing their onset during active service or being related to an in-service injury, event, disease, or secondary to a service-connected disability.

The Board has denied service connection for cervical spine, lumbar spine, right knee, left knee, and left foot disabilities, as well as shin splints, peripheral neuropathy of the lower extremities, and headaches. The claims are based on a lack of evidence linking these conditions to service.

The Veteran was granted an extraschedular TDIU from January 12, 2017 to January 18, 2018 due to his service-connected disabilities. Prior to this period, the criteria for TDIU were not met.

The Veteran's service-connected PTSD alone supports an award of total disability rating based on unemployability due to service-connected disability, and his other service-connected disabilities combined exceed a 60% rating. Therefore, SMC under 38 U.S.C. § 1114(s) is granted for the purpose of accrued benefits.

The Board has remanded the case due to insufficient evidence regarding the onset and relationship of the Veteran's claimed conditions to his active service.

The Veteran's service-connected degenerative joint disease of the right knee with patellar spur is denied a rating greater than 10 percent. The claims for lumbosacral spine disability, cervical spine disability, left shoulder disability, bilateral hip disability, and peripheral neuropathy of the bilateral lower extremities are all denied as not related to service.

The Board has remanded the case due to inadequate medical opinions regarding service connection for a cervical spine disability. The Veteran's claim will be reviewed with additional examination and opinion.

The Board has remanded the Veteran's claims for service connection for right shoulder, lumbar, cervical neck, right knee, and left knee disorders due to inadequate etiological opinions.

The Board has dismissed the appeals for increased ratings for right and left lower extremity cervical myelopathy as the appellant died during the appeal process.

The Board has remanded the claims for increased ratings for lumbar and cervical spine conditions due to lack of substantial compliance with previous remand orders.

The Board has determined that the Veteran's claims for service connection for cervical spine and right knee disorders require additional medical examination to determine if these conditions are related to his military service.

The Veteran's claims for increased ratings for cervical strain, left and right upper extremity radiculopathy have been denied as the evidence does not meet the criteria for a higher rating under VA regulations.

The Veteran's claim for service connection for fungus of the feet and toenails was denied. The Board found no current diagnosis of this condition, and thus denied the claim. Other issues were remanded due to lack of recent VA examinations.

The Board has reopened the claim of entitlement to service connection for a cervical spine (neck) disability and remanded both the service connection and compensation pursuant to 38 U.S.C. § 1151 claims.

The Veteran's claims for increased ratings of his cervical and lumbar spine disabilities are being remanded due to the need for additional medical opinions regarding the severity of these conditions.