Neck / cervical spine Board decisions

The Veteran's service-connected cervical spine disability and bilateral upper extremity radiculopathy have been granted. The left ankle sprain rating has been restored to 20 percent effective October 27, 2014.

The Veteran's claim for a higher rating for his service-connected cervical strain is denied as the evidence does not show that the limitation of motion of the cervical spine is less than 30 degrees, which would warrant a 20% rating.

The Board has granted a 20 percent rating for the Veteran's neck disability, effective from July 31, 2018. The decision is based on evidence showing that the Veteran's forward flexion of the cervical spine was limited to 30 degrees and does not support findings of less than 15 degrees or ankylosis.

The Veteran's cervical spine disability was initially rated at 10 percent prior to July 11, 2018. Effective from July 11, 2018, the Veteran is now entitled to a rating of 20 percent for his cervical spine disability.

The Veteran's claims for increased ratings and a TDIU are being remanded due to the need for additional development, including new examinations that comply with prior Board instructions.

The Board has remanded the case due to a need for additional medical examination and opinion regarding service connection for arthritis of multiple joints, including bilateral hips, knees, hands, thumbs, ankles, lumbar spine, and cervical spine.

The Board has remanded the claims for service connection due to insufficient evidence regarding exposure to toxins and environmental hazards while stationed at Fort McClellan, Alabama.

The Board has remanded the Veteran's claims for service connection due to inadequate VA examinations and insufficient evidence regarding the etiology of his neck, bilateral carpal tunnel syndrome, and back disabilities. The Veteran is also being asked to provide additional information about flareups and repeated use over time.

The Board has remanded several claims for further action, including the assignment of effective dates and the need for new VA examinations. The Veteran's service-connected cervical strain, lumbar strain, right upper extremity radiculopathy, left upper extremity radiculopathy, right lower extremity radiculopathy, and left lower extremity radiculopathy are all under review.

The Veteran's claim for TDIU prior to October 21, 2017 was denied as he maintained full-time employment and earned above the poverty level. The Board found that there has not been substantial compliance with the remand instructions regarding the cervical strain rating. The case is REMANDED for further development.

The Board has denied the Veteran's claims for left ankle disability and vision disability, but has reopened the claim for neck disability. The case is REMANDED to evaluate whether the Veteran's neck disability is related to his service-connected disabilities.

The Veteran's service-connected degenerative disc disease of the lumbar spine and cervical spine have been remanded for further development due to insufficient medical evidence from a previous examination in April 2013. A new VA examination is needed to assess the current severity of his disabilities, including retroactive opinions based on Correia v. McDonald (2016) and Sharp v. Shulkin (2017).

The Veteran's cervical neck disorder is rated at 30 percent effective January 29, 2021. He also received a separate rating of 30 percent for left upper extremity radiculopathy (lower radicular group) and 40 percent for right upper extremity radiculopathy (lower radicular group), both effective November 30, 2022.

The Board has determined that the Veteran's cervical and lumbar spine disabilities are not related to service, and therefore denied these claims.,The Board also found no current right hip disability at this time, thus denying the claim for a right hip disability.

The Veteran's claims for higher ratings for cervical spine disability, GERD, and right upper extremity radiculopathy were denied. The claim for service connection for asthma was also denied.

The Veteran's claim for a 100% rating for panic disorder, effective December 29, 2016, is granted. The Board finds that the evidence is at least evenly balanced as to whether the symptoms and overall impairment caused by the Veteran's panic disorder more nearly approximated total occupational and social impairment.

The Board has granted service connection for cervical-spine disorder, finding that the Veteran's current condition is proximately due to or made worse by events and activities during active service.

The Board has determined that the Veteran's appeals for cervical spine disability, left shoulder disability, right shoulder strain, and allergic rhinitis are remanded due to insufficient opinions in previous examinations. The VA is required to obtain new examination reports and opinions addressing all theories of entitlement.

The Board has denied service connection for chronic sinusitis, migraine headaches, and a cervical spine disability. The Veteran's osteopenia is remanded for further evaluation. Initial ratings are remanded for the left elbow disability, right knee degenerative joint disease, and left knee degenerative joint disease. A total disability rating based on individual unemployability due to service-connected disabilities is also remanded.

The Board has remanded several claims for additional development, including obtaining updated VA treatment records and attempting to obtain any outstanding private medical records. The Veteran's service-connected conditions include PTSD, cervical spine strain with degenerative arthritis, lumbar strain with intervertebral disc syndrome, left lower extremity radiculopathy, laparoscopic cholecystectomy with gastroesophageal reflux disease (GERD), and residual scars from the procedure.