Neck / cervical spine decisions — 2024

The Board has remanded the cases for new examinations to assess the severity of the Veteran's cervical and lumbar spine disabilities, as well as his lower left extremity radiculopathy. The issues are related due to their interrelated nature.

The Board has decided to remand the case due to a failure to obtain an adequate opinion regarding whether the Veteran's cervical stenosis condition was caused or aggravated by his service-connected lumbar spine degenerative arthritis.

The Board has granted service connection for the Veteran's right shoulder disability, left shoulder disability, bilateral plantar fasciitis, cervical spine disability, and lumbosacral spine disability, all of which are deemed to have begun during active duty.

The Veteran's claim for a higher rating for DDD of the cervical spine status post cervical sprain was denied as there was no unadjudicated formal or informal claim prior to August 15, 2018.,The effective date for service connection for radiculopathy of the left and right upper extremities was set at October 31, 2017 due to new evidence received within one year of a previous rating decision.,The Veteran's claim for a higher rating for migraine headaches was denied as he is already receiving the maximum schedular rating under Diagnostic Code 8100.,The Veteran's claim for a higher rating for DDD of the cervical spine status post cervical sprain was denied as there was no unadjudicated formal or informal claim prior to August 15, 2018.

The Veteran's cervical spine condition, right upper extremity radiculopathy, and left upper extremity radiculopathy are currently rated at 20 percent, 40 percent, and 30 percent respectively. The Board denied increased ratings for these conditions.

The Board dismissed the appeals for increased rating of PTSD, service connection for cervical spine disability, migraine disorder, paralysis in left lower extremity, and paralysis in right lower extremity.

The Board has remanded the claims for further development due to procedural errors and the need for a new VA examination. The appellant's back disability is potentially related to service, but the exact etiology needs clarification. His acquired psychiatric disorder may also be related to his back disability.

The Board denied service connection for kidney stones, gall stones, thyroid disorder, benign liver disorder, cervical disorder (claimed as cervical cancer), and ovarian cysts due to lack of evidence showing a causal link between these conditions and the Veteran's in-service exposure to chemical or environmental toxins at Fort McClellan.,Service connection was not granted because there is no persuasive medical evidence linking any of the claimed conditions to the Veteran's service-connected exposures.

The Veteran's increased rating for degenerative disease of the cervical spine from November 8, 2016 has been granted at a 30 percent disability rating effective March 15, 2023.

The Board has granted service connection for a neck (cervical spine) disability, but denied service connection for a low back (lumbar spine) disability.

The Veteran's claims for obstructive sleep apnea, left shoulder condition (arthritis), low back disability, migraine headaches, and cervical spine disability have all been granted. The appeals were decided on the merits of the evidence presented.

The Veteran's appeal is remanded due to the need for additional examinations and opinions regarding his hearing loss, back disability, TBI residuals, and neck disability. The Board finds that the current evidence does not provide sufficient information to determine if there has been a change in the severity of these conditions.

The Veteran's headaches are rated at a 30 percent rating prior to June 27, 2018 and denied for higher ratings. The Veteran is granted a TDIU from August 24, 2022.,For the entire appeal period, the Veteran's service-connected disabilities do not meet the criteria for a TDIU.

The Board denied service connection for residuals of cellulitis and neck disability as secondary to residuals of cellulitis of the left leg. The claim for central sleep apnea, related to service-connected persistent depressive disorder, was granted.,Service connection for central sleep apnea is granted because it is at least as likely as not that the Veteran's sleep apnea is secondary to his service-connected psychiatric condition (persistent depressive disorder).

The Board has remanded the Veteran's claims for cervical spine condition, acid reflux condition, and hypertension condition due to incomplete medical records. The Veteran is required to provide additional lay statements and a VA examination will be scheduled to determine the nature and etiology of his conditions.

The Veteran's claims for compensation under 38 U.S.C. § 1151 are remanded due to the need to obtain a signed informed consent form for his July 13, 2011 laminectomy.

The Board has determined that the service connection issues adjudicated in the January 2019 rating decision need to be remanded due to an error in docketing under the modernized review system. The Veteran will receive a statement of the case regarding these issues, and he can choose to opt into the modernized review system if desired.

The Veteran's right ear tympanosclerosis and left ear tympanosclerosis are both assigned noncompensable ratings, which is the maximum rating authorized under Diagnostic Code 6211.,The Veteran's back disability is rated at 10 percent based on forward flexion greater than 60 degrees but not greater than 85 degrees. The claim for a higher rating is denied.

The Board has remanded the Veteran's claims for service connection for various arthritis conditions due to insufficient reasoning in VA medical opinions and need for further development.

The Board has remanded the Veteran's claims for service connection for hypertension, cervical spine disability, and lumbar spine disability due to incomplete opinions in the September 2023 VA examination report. The AOJ is required to obtain addendum opinions addressing whether these conditions manifested during service or are otherwise related to active service.