Neck / cervical spine Board decisions

The Veteran's claims for increased ratings are being remanded due to the failure to obtain private treatment records and the need to consider the effects of medication on his disability evaluations.,There is inconsistency in the Veteran's employment history, which must be addressed to ensure accurate information for the TDIU claim.

The Board has determined that there is a pre-decisional duty to assist error and remanded the case for further development, including obtaining an addendum medical opinion from an appropriately qualified examiner.

The appeal for increased ratings for cervical degenerative arthritis with intervertebral disc syndrome (IVDS) and cervicalgia, as well as cervical radiculopathy of the upper left extremity, is remanded due to pre-decisional duty to assist errors.

The Board has decided that the Veteran's tinnitus is service connected. The cervical spine condition issue is remanded for further examination and opinion.

The Veteran's service-connected disabilities have prevented him from securing and maintaining substantially gainful employment since June 30, 2018. The Board has granted a TDIU effective July 1, 2018.

Service connection for degenerative arthritis of the cervical spine and anxiety is granted. The Veteran's right lower extremity radiculopathy, right knee condition, and OSA are remanded due to duty-to-assist errors.

The Veteran's claims for left hand tremors, right hand tremors, cervical spine disability, right shoulder disability, right shoulder scar, PTSD with TBI, and low back disorder have been granted effective February 12, 2021. Earlier effective dates are not warranted for these conditions.

The Board has remanded the claims for service connection for cervical spine degenerative disc disease, right hand disability, back disability, right ankle disability, and left ankle disability due to a pre-decisional duty to assist error.,Service connection is denied for left hand disability, right hip disability, and left hip disability.

The Veteran's right upper extremity radiculopathy is granted a 40 percent rating, and the left upper extremity radiculopathy is granted a 30 percent rating. The cervical spine degenerative arthritis does not meet the criteria for a higher than 20 percent rating.

The Veteran's cervical strain with spinal fusion is rated at 20 percent, and the Board denied an increased rating.,The Veteran's degenerative joint disease of the lumbar spine is rated at 20 percent, and the Board denied an increased rating.

The Board denied the Veteran's claims for service connection for back, neck, right upper extremity radiculopathy, and left upper extremity radiculopathy disabilities. The evidence did not support a finding that these conditions were related to service or a service-connected disability.

The Veteran's claims for increased ratings and service connection have been denied. The Veteran is not entitled to a higher rating for tinnitus or adjustment disorder with depressed mood, generalized anxiety disorder, and insomnia disorder due to the current schedular ratings being appropriate. Service connection has also been denied for pseudofolliculitis barbae, acne, constipation, muscle breakdown, cervical spine strain, lumbar spine strain, right hand/finger disorder, left hand/finger disorder, right knee disorder, left knee disorder, migraine headache, residuals of tonsillectomy, and shoulder disorders.

The Veteran's service connection claim for migraine headaches is granted. Claims for dry skin, neck disability, right shoulder disability, and sinusitis are remanded.

The Veteran's claim for a temporary total rating based on hospitalization or convalescence due to his service-connected cervical spine disability is remanded as the record does not include post-surgical follow-up treatment records from the University of Virginia Hospital.

The Veteran's right ear hearing loss is denied as there was no evidence of a current disability.,Left ear hearing loss is granted, with the condition being service-connected due to exposure during active duty and worsening over time.,Service connection for reflux esophagitis with hiatal hernia is granted based on symptoms that began in-service and continue post-service.,Service connection for stenosis of the cervical spine is granted as it was likely caused by service, including combat duties.,Degenerative disc disease of the lumbar spine is granted due to continuity of symptomatology since service.,Chronic fatigue syndrome is granted based on symptoms that began in-service and continue post-service.

The Veteran's ulcerative colitis is granted service connection, but his jaw condition, lumbar spine condition, bilateral hip condition, cervical spine disability, bilateral shoulder condition, Gulf War illness, sleep disturbances, and headache condition are denied due to lack of evidence linking these conditions to service.

The Veteran is granted an effective date of September 5, 2019 for the grant of a TDIU based on his service-connected PTSD, thoracolumbar spine arthritis, and cervical spine IVDS.

The Board has determined that additional VA examinations and medical opinions are needed to address the Veteran's claims for service connection due to duty-to-assist errors.

The Veteran's claims for service connection for degenerative arthritis of the right knee, left knee, and cervical spine with spinal stenosis and spondylolisthesis were dismissed due to a procedural defect in the filing of the VA Form 10182 Notice of Disagreement.

The Board denied the Veteran's request to extend his delimiting date for Chapter 33 education benefits, finding that he did not provide sufficient evidence of a physical or mental disability preventing him from initiating a program of education within one year of his May 2020 extension request.