Neck / cervical spine decisions — 2024

The Veteran's obstructive sleep apnea is due to his service-connected disabilities, including bilateral carpal tunnel syndrome, a lumbar spine disability, a left shoulder disability, a cervical spine disability, and bilateral lower extremity radiculopathy. Obesity was a substantial factor in causing the Veteran's obstructive sleep apnea.

The Veteran's claim for a retroactive payment of VA disability compensation benefits due to changes in the rating assigned to right upper extremity radiculopathy (RUER) associated with cervical spine degenerative arthritis is being remanded. The decision will involve obtaining an audit report or generating one if it has not been made.

The Board denied service connection for a cervical spine disorder, to include hypolordosis, finding that the evidence did not support a link between the current condition and service.

The Veteran's hemorrhoids were not rated higher than a compensable rating.,Tinnitus was evaluated at the maximum schedular rating available for that disorder.,Bilateral hearing loss was rated at 30 percent effective October 18, 2019.,Cervical spine disability was rated at 50 percent as of October 18, 2019.,Tension headaches were rated at 50 percent as of October 18, 2019.,Lumbar spine disability was not rated higher than 20 percent prior to February 7, 2020.,RUE radiculopathy and LUE radiculopathy were both rated at 20 percent.,Residual lumbar spine scar did not meet the criteria for a compensable rating.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need to obtain Social Security Administration records.

The Veteran's claims for increased ratings and TDIU are being remanded due to insufficient VA examinations.

The Board has decided to remand the claim of a neck disability due to service, as there are deficiencies in the decision and additional evidence needs to be considered.

The Board has remanded the claims for service connection for various conditions due to inadequate VA opinions and potential duty-to-assist errors. The Veteran's claim for hepatosplenomegaly is denied as there is no evidence of this condition during or near the pendency of his appeal.

The Board has granted service connection for a right shoulder disability and remanded the claims of entitlement to initial ratings in excess of 20 percent for a left shoulder disability, an initial rating in excess of 10 percent for a cervical spine disability, and TDIU.

The Board has granted an earlier effective date of May 7, 2019 for a 30 percent rating for the Veteran's cervical strain, spinal stenosis, and spondylolisthesis (claimed as arthritis in neck). The decision is based on evidence showing that the Veteran had forward flexion limited to 15 degrees or less throughout the period on appeal.

The Board has remanded the Veteran's claims for service connection due to inadequate VA examinations and incomplete records. The Veteran is entitled to additional etiology opinions on his acquired psychiatric, respiratory, cardiac, vestibular, hearing loss/tinnitus, and orthopedic disabilities.

The Board has remanded the Veteran's claims for service connection due to a lack of medical opinion regarding whether his acquired psychiatric disorder and cervical neck disorder are related to service. The Veteran is to be scheduled for VA examinations to address these issues.

The Board has determined that the Veteran's cervical strain with degenerative arthritis is related to an in-service injury and grants service connection for this condition.

The Veteran's claims for earlier effective dates for the assignment of a 20 percent disability rating for his cervical and lumbar spine conditions have been dismissed as the Board has already granted these ratings effective October 23, 2013.

The Veteran's TDIU claim was granted effective November 15, 2019. The effective date is based on the date of receipt of his most recent VA Form 21-8940.

The Board denied service connection for right shoulder bursitis as secondary to left shoulder bursitis and remanded the issue of service connection for degenerative arthritis cervical spine (claimed as cervical spine pain) as secondary to left shoulder bursitis.

The Board has determined that there was a pre-decisional duty to assist error and requires a new VA examination to address the nature and etiology of the claimed neck disability.

The Board has determined that additional medical opinions are needed to address the etiology of the Veteran's claimed disabilities, particularly regarding secondary service connection. The claims for cervical spine disability and associated radiculopathy, lumbar spine disability, bilateral hip disabilities, and migraine headaches are being remanded.

The Board has identified errors in the VA examinations and is remanding the case for further examination to ensure that only the correct Veteran's service treatment records are considered.

The Veteran's service-connected cervical spine disability is found to be the primary cause of his obstructive sleep apnea. The bilateral lattice degeneration of the retina with right eye photopsia and open angle glaucoma are granted at a 10% rating, effective from the date of the May 2022 decision.