Neck / cervical spine Board decisions

The Board has remanded the Veteran's claims for increased ratings for his service-connected cervical spine disability and residuals of a stress fracture of the left tibia due to inadequate examinations conducted in June 2022. The Veteran is required to undergo new VA examinations that comply with the requirements set forth by the Court in Correia v. McDonald, 28 Vet. App. 158 (2016), and Sharp v. Shulkin, 29 Vet. App. 26 (2017).

The Board has denied the Veteran's claims for service connection for various conditions, including low back disability, right and left knee disabilities, left foot disability, headaches secondary to PTSD, peripheral neuropathy of upper extremities, herpes, cervical spine disability (secondary to PTSD), right and left hip pain, and hypertension. The only condition granted was an acquired psychiatric condition (PTSD, depression, anxiety and other stressor related disorder).

The Board has remanded the Veteran's claims for service connection for hypothyroidism, cervical spine injury, and hypertension due to non-compliance with prior remand directives.

The Veteran's TDIU claim is denied as he was employed in non-marginal employment with compensation above the poverty level prior to May 27, 2015.

The Board has denied the Veteran's claims for service connection for cervical and thoracolumbar spine disorders, finding that there is no evidence of a nexus between his current conditions and his military service.

The Veteran's cervical spine disability, including degenerative disc disease with neuropathy of the bilateral upper extremities, is denied as there is no evidence linking it to service.,The Veteran's bilateral carpal tunnel syndrome is denied as there is no evidence linking it to service.

The Veteran's tremors, fatigue, chronic headaches, and cervical dystonia are granted service connection due to exposure at Camp Lejeune. Service connection for hypothyroidism is remanded as the evidence does not support a link to contaminated water exposure. Right ear hearing loss is also remanded.

The Board has denied the Veteran's claims of service connection for cervical, lumbar, and thoracic spine disabilities due to a lack of evidence showing these conditions began during or were caused by his military service.

The Board has granted the appellant's claim for service connection for a cervical strain, finding that her current disability is caused by events during her active-duty military service.

The Veteran's claims for increased evaluations for cervical strain and bilateral pes planus were denied as the evidence did not support a rating in excess of the current 20 percent and 30 percent evaluations, respectively.

The Veteran's TDIU claim is remanded as the AOJ failed to refer it for extraschedular consideration due to his service-connected disabilities.

The Veteran's claims for increased ratings and service connection were denied. The cervical strain claim was denied as the disability did not meet criteria for a higher rating, while the migraine headaches and scar of the right knee claims were also denied due to lack of evidence supporting compensable ratings. The claim for service connection for bilateral flat feet was denied due to lack of new and relevant evidence.

The Board has determined that the Veteran's cervical strain is related to his active service, resolving all doubts in favor of the Veteran.

The Board has denied service connection for a left hand disability, right ear hearing loss, and several other conditions. The Veteran's claims for increased ratings have also been denied.

The Veteran's appeal is remanded due to the need for further evaluation and determination of service connection for kidney stones, which were not addressed in the original decision.

The Board has granted service connection for lumbar and cervical spine disabilities, but the AOJ must implement the initial ratings of these conditions. The AOJ is also remanded to schedule a VA examination to assess eligibility for special monthly compensation (SMC) based on housebound status due to service-connected disabilities.

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) prior to March 22, 2013 is denied. The effective date of the TDIU award cannot be earlier than March 22, 2013 as no formal or informal claim was received before that date.

The Board has dismissed the issues of whether new and relevant evidence has been received to readjudicate claims for migraines, tinnitus, left wrist disability, right wrist disability, heart disability (also claimed as arrhythmia), and neck disability due to a claims processing error.

The Board has remanded the claims for further development due to missing service treatment records and outstanding private medical records. The Veteran's SSN may be incorrect, and a search should be conducted using both correct and incorrect numbers.

The Veteran's service-connected disabilities, including ischemic heart disease, PTSD, cervical degenerative joint disease with fusion C3-7, lumbosacral strain (low back pain), and various peripheral nerve conditions, meet the criteria for SMC at a higher rate due to their combined effect on his ability to perform daily activities.