Neck / cervical spine decisions — 2023

The Board has decided to remand the claims for service connection of thoracolumbar spine, cervical spine, and right knee disabilities due to a lack of information about an in-service fall on an airplane ramp. The AOJ must make appropriate efforts to obtain any available incident report.

The Veteran's petition to reopen his claim for service connection of a cervical spine disability was denied. The Board found that new and material evidence had not been submitted, thus denying the reopening of the claim. The issues of entitlement to increased ratings for right knee and ankle disabilities, as well as an initial compensable rating for a left knee surgical scar, are remanded.

The Veteran's claim for service connection for hypertension was denied in July 2004, and new and material evidence has not been received to reopen the claim. The effective date of service connection for thoracolumbar spine disability, cervical spine disability, right shoulder disability, and left lower extremity radiculopathy is set at July 21, 2011.,The Veteran's claims for increased ratings for psoriasis, GERD, chronic sinusitis, allergic rhinitis, and right knee disability are denied. The effective date of service connection for presbyopia with hypermetropia, astigmatism, and pinguecula is set at July 21, 2011.

The Board denied service connection for obstructive sleep apnea, cervical spine disability, and lumbar spine disability due to a lack of evidence linking these conditions to the Veteran's active military service.

The Veteran's claims for service connection for degenerative disc disease of the lumbar spine and cervical spine have been reopened, but both conditions are denied as they did not manifest within one year after separation from service and there is no evidence linking them to service.

The Board has remanded the Veteran's claims for service connection for various conditions, including right shoulder disorder, cervical spine condition, headaches, and bilateral hip condition. The claims are being remanded due to a lack of compliance with previous remand directives regarding scheduling VA examinations.

The Veteran's tinnitus is granted as service connected. The cervical spine, lumbar spine, right hip, left hip, and kidney disabilities are remanded for further development.

The Board has determined that the VA medical opinions obtained on remand are inadequate and did not comply with the October 2022 Board remand directives. The claims for service connection must be remanded again due to the need for additional examinations.

The Board has remanded the Veteran's claims for service connection for multiple joint disabilities, including left shoulder, right elbow, right wrist, cervical spine, low back, and left ankle disabilities. The AOJ is instructed to attempt to obtain the Veteran's service treatment records and complete a TERA Memorandum. Additional VA clinical records are also needed. A Gulf War examination should be conducted, and the Veteran should undergo multiple VA examinations for each of his claimed conditions to determine their etiology.

The Board has decided to remand the Veteran's claims for service connection for neck and right shoulder disabilities due to incomplete compliance with previous directives, need for additional medical opinions, and potential inextricably intertwined claim of migraines.

The Board has remanded the claims for service connection for Organic Brain Syndrome, Cervical Spine Disability, and Obstructive Sleep Apnea due to inadequate opinions in the previous VA examinations. Additional VA examinations are needed to determine if these conditions are related to service.

The Board has remanded the claim for service connection for headaches associated with post-operative cervical spondylosis due to insufficient medical opinion regarding the relationship between the condition and the service-connected disability.

The Board has remanded the claims for compensable ratings and service connection due to new evidence being submitted after the last decision. The RO will review this evidence and issue a supplemental statement of the case if necessary.

The Board has remanded the case due to issues related to service connection for a cervical disorder, including degenerative arthritis and its relationship to a service-connected disability. The Veteran's claim will be reviewed again with an addendum opinion from a clinician.

The Board has granted service connection for a cervical spine disability, cervical radiculopathy of the upper extremities, and deep vein thrombosis of the left ankle. The Veteran's current conditions are deemed to be related to his active duty service.,Service connection is established for these conditions based on direct evidence showing their onset during or shortly after service.

The Veteran's cervical spine degenerative disc disease and radiculopathy of the upper extremities are rated at 30 percent, effective September 7, 2020. The status post left shoulder rotator cuff repair is denied.

The Board denied service connection for cervical spine disability, left upper extremity peripheral nerve disability, and right upper extremity peripheral nerve disability due to lack of evidence linking these conditions to service. The Veteran's current disabilities are attributed to a workplace injury post-service.

The Veteran's claims for service connection have been reopened, and his lumbar spine condition and obstructive sleep apnea are granted. The cervical spine disability claim is remanded due to the need for a VA examination.

The Veteran's cervical dystonia, an organic disease of the nervous system, was found to have onset during service and has continued since then. Service connection is granted.

The Board has remanded the Veteran's claims for additional development, including a VA examination to determine if his current hearing loss is related to service. The dental condition claim was denied as there is no evidence of trauma or disease other than periodontal disease resulting in missing teeth. Service connection for the cyst under testicles and right shoulder disability were not granted due to lack of current diagnoses. Bilateral hearing loss was remanded, with the Veteran's assertion that it is related to noise exposure during service.