Neck / cervical spine Board decisions

The Board has determined that the Veteran's claims for increased ratings and service connection are not resolved in his favor, necessitating further examination and review.

The Veteran's lumbar strain and cervical strain have been granted initial evaluations of 40 percent each, effective December 23, 2016. The dermatitis has also been granted an initial evaluation of 10 percent, effective the same date. Migraines are not entitled to a higher evaluation.

The Board has found that the Veteran's claims for service connection and increased rating need further examination to determine the nature and etiology of his bilateral shin splints and cervical spine disability. The examinations will be scheduled by the AOJ.

The Veteran's service-connected conditions, including bronchial asthma, thoracolumbar spine disorder, tinnitus, and cervical spine disorder, have prevented him from securing or maintaining substantially gainful employment since June 22, 2018. The Board has granted a TDIU rating on an extraschedular basis for this period.

The Veteran's radiculopathy of the right upper extremity is granted as secondary to his service-connected cervical intervertebral disc syndrome with strain.,The Veteran's headaches are granted as secondary to his service-connected cervical intervertebral disc syndrome with strain.,The Veteran's right knee disorder is granted as secondary to his service-connected left knee patellofemoral syndrome.

The Board has granted service connection for obstructive sleep apnea, finding that it is related to the Veteran's service-connected cervical spine degenerative disc disease and spinal stenosis.

The Veteran's claim for total disability rating based on individual unemployability (TDIU) prior to January 26, 2011 is denied.,The earlier effective date for service connection of cervical strain is denied.,The initial rating in excess of 20 percent for cervical strain is denied.

The Board has remanded all of the Veteran's claims due to procedural errors and incomplete records, particularly regarding his service treatment records and potential military environmental exposures.

The Board has denied the Veteran's claims for service connection for right ear hearing loss, eye disability, hernia disability, hypertension, right shoulder disability, left shoulder disability, cervical spine disability, sleep apnea, and skin cancer due to a lack of evidence showing these conditions during his period of active duty. The claims are being remanded to obtain information about the Veteran's periods of service.

The Veteran's appeal seeking earlier effective dates for ratings of left and right femoral radiculopathy is dismissed.,The Veteran's appeal seeking earlier effective dates for ratings of lumbar spine degenerative arthritis with IVDS, left lower extremity radiculopathy (sciatic), and right lower extremity radiculopathy (sciatic) is dismissed.,The Veteran's appeal seeking earlier effective dates for ratings of cervical spine degenerative arthritis with IVDS and right upper extremity radiculopathy is dismissed.,The Veteran's appeal seeking earlier effective dates for ratings of left upper extremity radiculopathy is dismissed.

The Veteran's service-connected cervical spondylosis, left and right upper extremity radiculopathy, and carpal tunnel syndromes have been granted initial ratings from specific dates. The effective date for the award of a total disability rating due to individual unemployability (TDIU) is set at August 30, 2005.

The Veteran's claims for increased ratings for his service-connected neck disability, right upper extremity radiculopathy, and left upper extremity radiculopathy have been denied. The Board found that the evidence did not support a higher rating than the current assigned ratings.,The Veteran was granted an initial 20 percent rating for chronic cervical spine strain (neck disability) effective June 2, 2015.

The Board denied the Veteran's claim for service connection for sleep apnea as secondary to PTSD and his TDIU claim, finding that there was no evidence linking his sleep apnea to his service-connected PTSD or any other service-connected condition.

The Board has denied the Veteran's claim for service connection for a neck disability, finding that there is no evidence of chronic disease in service or continuity of symptoms after service. The current cervical spine disability is determined to be age-related and unrelated to any in-service injury.

The Board has granted service connection for degenerative arthritis of the cervical spine with IVDS, degenerative arthritis of the lumbar spine, and osteoarthritis of the left hip. The Veteran's disabilities are deemed to have started during his active duty.

The Veteran's cervical DDD was granted a 20% rating from February 12, 2009, to September 3, 2019. Ratings in excess of 20% and 30% were denied for the periods from September 3, 2019, to September 13, 2022.

The Board has granted service connection for multiple sclerosis and its related secondary conditions, including neurogenic bladder, numbness in the upper and lower extremities, GAD, cervical myelopathy/IVDS, muscle pain and spasticity, vertigo, and fecal incontinence.,Service connection was also granted for rectal cancer pursuant to the PACT Act.

The Veteran's cervical spine, left ankle disorders (including arthritis), and right shoulder disabilities are granted. The Veteran's left and right ankle disabilities are also granted. However, the claims for service connection for degenerative arthritis of the left and right shoulders remain pending as additional development is needed.

The Veteran's initial rating for right shoulder impingement syndrome is denied as it does not meet the criteria for a higher than 20 percent rating. The ratings for neck condition, TMJ with bruxism, and GERD are also denied.

The Veteran's claims for effective dates prior to August 14, 2012, for the increased evaluations of his service-connected migratory arthritis conditions have been denied as it is not factually ascertainable that an increase in disability occurred.