Neck / cervical spine Board decisions

The Board has remanded the Veteran's claims for lumbosacral strain, degenerative arthritis of the cervical spine, and left knee disability due to inadequate reasoning in the VA examination reports. The examiner is instructed to provide a fully reasoned opinion addressing the Veteran's service connection claims based on his competent statements regarding in-service injuries.

The Veteran's right and left shoulder acromioclavicular joint osteoarthritis are presumed related to his active-duty service.,The Veteran's neck disability, bilateral pes planus, sleep apnea, chronic hypersomnolence, chronic fatigue, chronic diarrhea, chronic memory loss, and mood disorder (due to an undiagnosed illness) may be due to exposure to environmental hazards during his Gulf War service.

The Veteran's claim for service connection for chronic fatigue syndrome has been denied. The Board found no current diagnosis of chronic fatigue syndrome and the evidence did not support a finding that it was related to his active duty service. For right leg numbness, the Veteran's claim is remanded as there is insufficient medical opinion regarding whether it is aggravated by his service-connected burns. For cervical spine condition, the Veteran's claim is also remanded for further examination and opinion.

The Board has remanded the Veteran's claims for service connection for various spinal and radiculopathy disorders due to a lack of VA examinations. The Veteran is advised that failure to report for these exams may have detrimental consequences on his pending claims.

The Veteran's service connection claim for Bell's Palsy is denied. A 40 percent rating, but no higher, is granted for a lumbar spine disability. The Veteran's cervical spine disorder and hypertension are not rated higher than the current levels. Service connection for PTSD is also denied.

The Veteran's service-connected disabilities prior to January 20, 2020 do not prevent him from obtaining or maintaining substantially gainful employment. From January 20, 2020, the Veteran has a combined schedular rating of 100 percent and TDIU cannot be granted on the basis of one service-connected disability.

The Board has reopened the Veteran's claim for service connection for lumbar disc disease with spinal stenosis, L4/5. The case is remanded to obtain an addendum opinion from a VA examiner regarding the nature and etiology of the Veteran's thoracolumbar spine condition, cervical spine condition, left leg condition, and headaches.

The Board has remanded the Veteran's claims for bilateral hip arthritis, bilateral knee arthritis, bilateral ankle arthritis, bilateral foot arthritis, cervical spine arthritis, and lower back arthritis due to insufficient medical opinions and incomplete records.

The Board has determined that the VA Centralized Eligibility and Appeals Team (CEAT) decision denying eligibility for PCAFC benefits was inadequate, as it did not address whether the Veteran requires personal care services each time he completes one or more activities of daily living (ADLs). The case is being remanded to conduct an updated medical review.

The Board denied earlier effective dates for increased ratings and service connection due to the fact that entitlement arose from worsening of pre-existing disabilities, as evidenced by May 2020 disability benefits questionnaires (DBQs).,No new evidence was submitted within one year prior to the receipt of the intent to file in October 2019.

The Board has ordered a new medical opinion to determine the cause of the Veteran's neck disorder and whether a service-connected right shoulder disorder aggravated it.

The Veteran's service-connected disabilities, when considered individually, do not preclude him from engaging in gainful employment. Therefore, a TDIU is denied.

The Veteran's service-connected disabilities, including major depressive disorder with anxious distress, lumbar spine disability, painful scars of the right knee, hypertension, and other conditions, have rendered him unable to secure or follow substantially gainful employment. The Board has granted TDIU based on this finding.

The Board has remanded the Veteran's claims for service connection for lumbar spine, cervical spine, right knee, and left knee disorders due to incomplete development of records and inadequate VA medical opinions.

The Board has remanded the case due to insufficient evidence and factual disputes regarding the Veteran's service connection claim for degenerative arthritis of the cervical spine. The AOJ is instructed to obtain missing medical records and schedule a VA examination.

The Board has remanded the Veteran's claims for service connection due to insufficient medical opinions and lack of evidence regarding his in-service exposure to asbestos and herbicide agents.,Specifically, the Board requested an addendum VA opinion or examination to address whether the Veteran's BPH, cervical spine disorder, lumbar spine disorder, eye disorder, hypertension, and heart disorder are related to service.

The Board denied service connection for TBI, but granted service connection for low back and neck disabilities.,Service connection was established for low back disability due to in-service injury during ACDUTRA.

The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151 due to VA treatment, finding that there was no additional disability caused by the 1998 cervical spine surgery and that the Veteran did not suffer from any disabilities related to his spinal surgery.

The Veteran's cervical spine disability is granted a 30 percent rating for the entire initial rating period. Prior to October 7, 2020, he was granted an initial 30 percent rating for left upper extremity radiculopathy and a 40 percent rating for right upper extremity radiculopathy from that date. From July 2, 2021, his ratings were changed to 30 percent under DC 8613.

The Board has granted service connection for cervical spine arthritis and denied service connection for a sleep disorder. The case is remanded to assign an initial disability rating for the cervical spine arthritis and to determine whether TDIU should be granted.