Neck / cervical spine decisions — 2023

The Board has remanded the cases due to concerns about the competency of the medical examiners who provided opinions regarding the Veteran's cervical and lumbar spine disabilities.

The Board has denied the Veteran's claims for service connection for a pulmonary disorder, cervical spine disorder, bilateral hearing loss, and tinnitus. The appeal regarding residuals of right wrist injury/surgery is REMANDED.

The Board denied the Veteran's claim for service connection of a cervical spine disability, finding that it is less likely than not caused or aggravated by his service-connected right knee disability.

The Board has decided to remand the case due to inadequate opinions from VA examiners regarding service connection for a cervical spine disability. The Veteran's statements and assertions will be considered, along with his medical records.

The Board has granted service connection for an acquired psychiatric disorder (depression), degenerative disc disease and arthritis, status post C4-C5 laminoplasty, degenerative disc disease and arthritis of the thoracolumbar spine, and cervical radiculopathy, upper radicular nerve group, left upper extremity. The latter condition is also granted as secondary to service-connected degenerative disc disease and arthritis, status post C4-C5 laminoplasty.

The Veteran's cervical spine disability and lumbar spine disability are granted service connection.,Service connection for the acquired psychiatric disorder is also granted, as it is secondary to his service-connected right knee, lumbar spine, and cervical spine disabilities.

The Veteran's TDIU was granted with an effective date of November 19, 2010 due to his service-connected disabilities preventing him from securing and following a substantially gainful occupation.

The Board denied service connection for anemia/iron deficiency and a gynecological condition, including HPV and cervical dysplasia. The Veteran did not have a current disability for which VA compensation could be awarded.

The Veteran's claims for service connection for a neck disorder, radiculopathy of the left upper extremity, and right and left knee disorders have been granted.,Service connection is denied for asbestosis.

The Veteran's appeal is being remanded for additional VA examinations to determine the severity of his service-connected disabilities throughout the entire appeal period.

The Board has granted service connection for low back, neck, and foot disabilities. The Veteran's current conditions are deemed to have been incurred during his military service.

The Veteran's claims for right knee strain and left foot strain have been granted, but the Board finds that an earlier effective date is not warranted.,The Veteran's claim for service connection for a left leg nervous disability was denied as there is no evidence of record to support this condition.

The Board found clear and unmistakable error in the assignment of a separate rating for right upper extremity radiculopathy, which was already contemplated in the evaluation assigned for cervical spine IVDS under DC 5243. The Veteran's entitlement to a separate compensable evaluation for right upper extremity radiculopathy is denied.

The Board has granted service connection for other specified trauma and stress related disorder, but has remanded the cases of cervical spine disorder and obstructive sleep apnea as secondary to thoracic spine disability.

The Veteran's neck disability is granted a 30 percent rating from July 29, 2011 to November 30, 2015. The initial 20 percent rating for left lower extremity radiculopathy and the initial 50 percent rating for sinusitis are granted effective December 14, 2013 and November 10, 2020 respectively. TDIU is denied prior to September 3, 2010 and dismissed from September 3, 2010 onwards.

The Veteran's cervical spine disability is granted a 30 percent rating prior to September 16, 2016. An increased rating in excess of 30 percent is denied from that date forward.

The Veteran's service-connected disabilities are deemed to have rendered him unemployable since November 2008, and the Board has referred the issue of TDIU prior to May 9, 2014, on an extraschedular basis for further consideration.

The Board has granted service connection for cervical spine degenerative disc disease with intervertebral disc syndrome, right knee disability, and sleep apnea as secondary to the Veteran's service-connected lumbar spine disability.

The Veteran's thoracolumbar strain with muscle spasm is currently rated at 20 percent, and the Board finds that a higher rating is not warranted.,The Veteran's cervical degenerative joint disease prior to November 10, 2022, is currently rated at 20 percent, and the Board finds that a higher rating is not warranted.,The Veteran's cervical degenerative joint disease from November 10, 2022, is currently rated at 30 percent, and the Board finds that a higher rating is not warranted.,The Veteran's cyst on ovaries and resultant bleeding is currently rated at 10 percent, and the Board finds that a higher rating is not warranted.,The Veteran's sciatica of the left lower extremity is currently rated at 10 percent, and the Board finds that a higher rating is not warranted.

The Veteran's tinnitus, low back disability, cervical spine disability, and migraine headaches are all found to be related to his active duty service.