Neck / cervical spine Board decisions

The Board has determined that the Veteran's claims for service connection and increased ratings are remanded due to procedural errors in the adjudication process. The claims will be reconsidered with additional evidence and a thorough review of all relevant medical records.

The Veteran's claim for service connection for chronic fatigue syndrome, cervical spine disability, respiratory insufficiency, and irritable bowel syndrome was denied. The Veteran's claims for increased ratings were also denied.

The Board has granted service connection for cervical spine degenerative disc disease, lumbar spine degenerative disc disease, left lower extremity radiculopathy, and right lower extremity radiculopathy. Service connection was denied for a groin condition.

The Veteran's tinnitus and bilateral hearing loss are granted as service-connected. The Veteran's cervical spine disability is remanded for further examination to determine the current severity of his condition.

The Veteran's claims for service connection have been remanded due to a failure by the AOJ to obtain his complete service personnel records and service treatment records, which were received prior to the issuance of the decision on appeal.

The Veteran's PTSD, sleep apnea, hypertension, right MCA stroke with left-sided hemiplegia and major neurocognitive impairment, headaches, left ankle sprain, cervical sprain, and lumbar disc disease are all granted as secondary to service-connected conditions.

The Veteran's service-connected disabilities have rendered him in need of regular aid and attendance, warranting an effective date of January 8, 2014 for SMC based on the need for aid and attendance.

The Veteran's service-connected disabilities, including PTSD and MDD, along with other physical conditions such as end stage renal disease, left eye blindness, and cognitive impairment, have rendered him in need of regular aid and attendance. The Board has granted SMC at the rate provided by 38 U.S.C. § 1114(l).

The Board dismissed the appeals for earlier effective dates and service connection for left lower extremity radiculopathy (sciatic), left upper extremity radiculopathy, right upper extremity radiculopathy, and cervical degenerative disc disease and arthritis, spinal stenosis, herniated C7-T1, intervertebral disc syndrome, status post spinal fusion.

The appeal for a disability rating in excess of 10 percent for lumbosacral spine strain is dismissed. The reduction of the ratings for left and right knee limitations of extension are found to be improper, and the original ratings are restored.

The Board is remanding the cases due to an incomplete record and a need for additional information regarding applications filed prior to March 9, 2020.

The Veteran's cervical spine disability is rated at 40 percent, and separate ratings are granted for his right upper extremity radiculopathy based on incomplete paralysis of the lower and upper radicular groups, as well as for his left upper extremity radiculopathy. The case is remanded to consider service connection for a nerve disability of the left lower extremity secondary to cervical spine disability.

The Veteran withdrew their appeal for service connection for anxiety, sinusitis, a cervical spine disability, a left elbow disability, and a right hip disability.

The Veteran's claims for increased ratings for cervical and lumbar spine disabilities prior to October 22, 2008 are being remanded due to the need for additional retrospective medical opinions.

The Veteran's initial 20 percent rating for cervical spine strain with stenosis and degenerative arthritis is granted effective January 27, 2011. The claims for higher ratings on other issues are remanded.

The Board has decided to remand the case due to insufficient medical opinions regarding the nature and etiology of the Veteran's claimed lumbosacral or cervical strain, as well as its relationship to service-connected pes cavus.

The Veteran's cervical spine disability is rated at 30 percent effective August 28, 2020. The rating was increased from the previous 20 percent.

The Board has remanded the claims for sinusitis, left knee disability, and neck disability due to the Veteran's failure to attend scheduled VA examinations. The reflux claim is not addressed as it does not involve service connection.

The appeal for service connection of a bilateral foot disorder is dismissed. The appeals for service connection of OSA, cervical spine disorder, left shoulder disorder, right shoulder disorder, left elbow disorder, right elbow disorder, right hip disorder, left hip disorder, and right ankle disorder are remanded.

The Veteran's claims for service connection and increased ratings have been remanded due to duty-to-assist errors, toxic exposure development needs, and examination scheduling issues.