Neck / cervical spine Board decisions

The Board has determined that additional examinations and opinions are needed to address the Veteran's claims for service connection, rating increases, and special monthly compensation due to his TBI and related conditions. The issues include secondary service connection for loss of sense of smell and taste, as well as cervical strain and migraine headaches.

The Board has granted an effective date of June 8, 2016 for the Veteran's TDIU claim. The decision resolves doubt in favor of the Veteran and finds that his disabilities worsened within a year prior to the June 8, 2017, date of claim.

The Board has remanded the Veteran's claims for service connection due to conflicting evidence regarding his current cervical spine disorder and acquired psychiatric disorder. The exact nature of any current cervical spine condition needs to be confirmed, and a VA examination should be obtained. Additionally, efforts should be made to verify the Veteran's reported in-service stressors related to car accidents and proximity to the North Korean border.

The Veteran's appeal is being remanded due to incomplete evaluations and the need for additional examination. The TDIU claim will be held in abeyance until the increased rating claim is resolved.

The Veteran's application to reopen his claim for service connection for cervical spine disability was dismissed. His claims for service connection for left shoulder and right shoulder disabilities were also dismissed.,Service connection for tension headaches, secondary to service connected disabilities (left ankle sprain residuals, tinnitus, major depressive disorder), is granted.

The Board has remanded the case due to inadequate examination and opinion regarding the Veteran's cervical spine disability, which is currently service-connected.

The Veteran withdrew his appeal for all issues related to the initial ratings and service connection claims. The Board dismissed the appeal due to the Veteran's withdrawal.

The Veteran's cervical spine degenerative arthritis is now rated at 30 percent, effective from August 23, 2011. The lumbar spine disability remains rated at 20 percent prior to December 11, 2017.

The Veteran's cervical spine disability was not rated higher than 20 percent prior to August 8, 2005, and not higher than 30 percent from that date.,The Veteran's right knee tendonitis with arthritis did not meet the criteria for a rating in excess of 10 percent.

The Veteran's cervical spine disability was previously rated at 20% prior to March 9, 2018. Effective March 9, 2018, and no earlier, the Veteran is now entitled to a 30% rating for his service-connected cervical spine disability.

The Board has remanded the case due to insufficient examinations and needs to provide new VA examinations for the Veteran's cervical spine (neck) and lumbar spine (back) conditions. The claims will be reconsidered based on the new evidence.

The appeal for an increased rating for cervical degenerative disk disease with facet arthrosis and intervertebral disc syndrome is dismissed. The petition to reopen the claim for service connection for a right wrist condition is granted, but the appeal is only granted to this extent as the Veteran's representative requested withdrawal of the appeal regarding the increased rating issue.

The Veteran's claims for increased ratings for lumbar spine, cervical spine, and left shoulder disabilities are being remanded due to the need for additional medical examinations.

The Board has decided that the Veteran's cervical spine condition, which is claimed to be secondary to his service-connected lumbar spine degenerative disease, requires further examination and opinion.

The Veteran's claim for service connection for bilateral hearing loss is denied as there is no evidence of a diagnosed disability.,Service connection for neck disability is denied due to lack of in-service diagnosis and no chronic residuals from the April 2015 motor vehicle accident. The current symptoms are not considered disabling enough to warrant service connection.,The Veteran's claim for an increased rating for left shoulder disability is denied as there is no evidence of functional impairment affecting earning capacity.

The Veteran's TDIU claim is remanded due to the inextricably intertwined nature of issues, including a possible referral for an extraschedular TDIU. The effective date for the TDIU must be determined based on when the increase in disability causing unemployability actually occurred.

The Veteran's claims for carpal tunnel syndrome of the left wrist, neck disability, and left arm disability have been reopened due to new and material evidence.,The Veteran's claims for hypertension and HIV were not reopened as there was no new and material evidence provided.

The Veteran's sinusitis is granted service connection. The cervical spine disability remains at a 20% rating, but the lumbar spine disability receives a 40% rating beginning January 17, 2020. No other conditions receive initial ratings or SMC determinations.

The Board has granted service connection for cervical spine and thoracolumbar spine degenerative arthritis, finding that the Veteran's symptoms have been continuous since service. The decision is based on a presumption of service connection due to the nature of his military activities during service.

The Board has remanded the cases due to the failure of the RO to issue a supplemental statement of the case (SSOC) before returning them to the Board.