Neck / cervical spine decisions — 2023

The Veteran's appeals for service connection for fatigue, hypertension (claimed as high blood pressure), erectile dysfunction, heart condition, type II diabetes mellitus, and depression have been dismissed.,The Veteran's appeals for service connection for a cervical spine disability, right knee disability, left knee disability, obstructive sleep apnea, right hip disability, and left hip disability are being remanded for further development.

The Veteran's claims for service connection have been granted, but the issues are being remanded due to insufficient evidence.

The Veteran's claims for increased ratings and earlier effective dates are being remanded due to the need for additional development, including VA examinations.

The Board has found that the duty to assist this Veteran has not been fulfilled and a remand is required to acquire outstanding private medical records related to his claimed disabilities.

The Veteran's claims for increased evaluation of his lumbar spine disability and service connection for a cervical spine condition, which is secondary to his service-connected lumbar spine disability, are remanded due to the need for additional examinations and analysis.

The Veteran's cervical spine disability was reduced from a 20% rating to a 10% rating, effective June 1, 2021. The reduction was improper and the claim for restoration of the 20% rating is granted.

Service connection for back disability is granted.,Service connection for neck disability, right ankle disability, and left ankle disability are denied. Service connection for neuropathy affecting the right lower extremity and left lower extremity is remanded.

The Veteran's cervical spine disability, which includes strain, stenosis, and degenerative changes, is granted an initial rating of 20 percent from December 12, 2008, to December 11, 2017 (excluding periods already evaluated at 100 percent).

The Board has remanded the claims for additional examination and review of medical records to determine if ratings in excess of those granted could be awarded due to new evidence showing additional clinical findings and diagnoses relevant to the Veteran's claim.

The Veteran's service-connected disabilities did not prevent him from securing or following a substantially gainful occupation, and the Board denied his claim for TDIU.

The Veteran's appeal for an initial compensable rating for scar, status post spinal fusion, was dismissed. The claim of residuals of head trauma (claimed as dental trauma) has been reopened and is currently under consideration. Service connection for diabetes mellitus, type 2, gastroesophageal reflux disease (GERD), gastroenteritis, obstructive sleep apnea (OSA), respiratory disorder (recurrent aspiration pneumonia), cardiac disorder (atherosclerosis), acquired psychiatric disorder, residuals of head trauma, facial scars, bilateral eye disorder, cervical spine disorder, right shoulder disorder, bilateral elbow disorder (tendinitis), bilateral plantar fasciitis, and bilateral pes planus have been remanded for further review.

The Veteran's claims for service connection have been reopened due to the submission of new and material evidence. The appeals are granted in part, with some issues being remanded.

The Board has remanded the claims for service connection for various conditions, including a lumbar spine disability, neck disability, and foot disability. The VA is directed to obtain medical opinions regarding these claims.

The Veteran's cervical spine strain with degenerative changes and thoracolumbar spine strain, sacral strain with degenerative arthritis are currently rated at 20% and 40%, respectively. The appeal for increased ratings is denied.

The Veteran's claim for service connection for TB residuals was denied. The Board found no evidence of active TB or TB related symptomatology during the pendency of the appeal. For TDIU, the Veteran met the criteria under 38 C.F.R. � 4.16(a) as he had two or more disabilities with at least one rated at 40 percent or more and sufficient additional disability to bring the combined rating to at least 70 percent. The Veteran is already in receipt of SMC benefits, thus TDIU was not granted.

The Board has granted the Veteran's claim of service connection for a cervical spine disability as secondary to his service-connected low back disability. The claims for PTSD and sleep apnea are remanded due to procedural deficiencies.

The Veteran's cervical degenerative disc disease and associated left upper extremity radiculopathy have been rated at the maximum allowable under VA regulations.,The Veteran's service-connected left upper extremity radiculopathy has also been rated at its maximum allowable under VA regulations.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional medical examinations to assess his cervical spine disability and associated radiculopathies.

The Board has denied the Veteran's claim for service connection for a cervical spine disorder, finding that there is no medical evidence linking his current condition to active service. The Board noted gaps in treatment records and the Veteran's lack of credibility regarding his claims.

The Veteran's appeal has been dismissed as the representative withdrew all claims on appeal prior to a decision being made.