Neck / cervical spine decisions — 2024

The Veteran's claims for increased ratings for his service-connected cervical spine and right elbow disabilities are being remanded due to the need for additional development, including obtaining medical records and providing clarifying opinions from VA examiners.

The Board has remanded the claims for cervical spine disorder, thoracolumbar spine disorder, right arm disorder, and bilateral shin splints due to inadequate VA medical opinions. The appellant's service connection claims are being returned for further development.

The Veteran's headache, right foot, and left foot disabilities are found to be related to his active service.,There is no evidence of a sleep disability other than sleep apnea in the record.

The Veteran's claim for an earlier effective date for her 40 percent rating for lumbar spine degenerative disc disease is denied.,The Veteran's claim for an earlier effective date for her 20 percent rating for right lower extremity radiculopathy of the femoral nerve is denied.,Service connection for a cervical spine disability remains pending and requires additional development.

The Veteran's claims for various conditions, including tension headaches, allergic rhinitis, asthma with histoplasmosis, cervical spine degenerative arthritis, lumbar spine degenerative arthritis, and left knee patellofemoral syndrome were denied. The Veteran was not granted higher ratings or initial compensable ratings for several of her conditions.

The Board has remanded the issue of service connection for a cervical spine condition due to its potential secondary nature to the Veteran's service-connected lumbar spine disability. The claim will be further developed.

The Veteran's cervical spine disability, lumbar spine disability with bilateral lower extremity radiculopathy, and bilateral foot disability are remanded for further examination to assess their current severity.

The Board has found that the Veteran's claims for service connection and increased rating must be remanded due to incomplete development. The RO is instructed to respond to the Veteran's requests for examinations by providers other than LHI, provide information on the competency of previous examiners, and readjudicate the issues based on all relevant evidence added since the July 2022 Supplemental Statement of the Case.

The Board has remanded several claims for additional action due to the possibility that relevant SSA records have not been obtained.

The Board has decided to remand the Veteran's claims for lumbar spine scoliosis and cervical spine strain due to a material change in severity of his disabilities, requiring further examination.

The Board has determined that additional medical examinations and opinions are needed to address the Veteran's claims for service connection, secondary service connection, and aggravation of disabilities. The issues include cervical spine arthritis, headaches, bilateral upper extremity nerve conditions, and sleep disability.

The Board denied service connection for a cervical spine disability and left ear hearing loss, finding that the Veteran's current conditions are not related to his military service.,There was no evidence of in-service injury or disease leading to the current conditions.

The Veteran's cervical spine disorder is rated at 40 percent effective November 6, 2017. The right ankle disorder is rated at 20 percent effective March 23, 2020.

The Board has granted service connection for cervical spine arthritis, lumbar spine arthritis, left knee arthritis, right leg radiculopathy, and left leg radiculopathy.,All issues related to these conditions have been resolved in the Veteran's favor.

The Veteran's cystitis with recurrent UTIs is granted an increased rating to 60 percent effective August 15, 2017.

The Board denied the Veteran's claim for service connection for a cervical spine disability, finding that there was no evidence of an in-service injury or disease and insufficient time had passed to establish a presumptive condition. The Veteran's current symptoms were not documented until after he left active duty.

The Veteran's appeal of the increased rating for PTSD was withdrawn. The Board granted a TDIU from April 8, 2014, based on his service-connected disabilities preventing him from obtaining and maintaining substantially gainful employment. The case is remanded for additional examinations regarding cervical strain and migraine headaches, and to determine if extraschedular consideration is warranted for the TDIU prior to April 8, 2014.

The Veteran's claims for increased ratings in excess of 10 percent and 20 percent for degenerative disc disease (DDD) of the lumbar spine and cervical spine, respectively, are being remanded due to incomplete records and the need to issue a Statement of Case.

The Board dismissed the issue of service connection for allergic rhinitis. The claim for service connection for a back disability was reopened, but the appeal remains pending as it is remanded for additional development. The claims for service connection for a headache disability, cervical radiculopathy (right and left upper extremities), and a left knee disability are also remanded.

The Board has granted service connection for tinnitus and has remanded the remaining issues due to lack of VA treatment records.