Neck / cervical spine Board decisions

The Veteran's initial rating for cervical spine disability was denied as his condition did not meet the criteria for a higher rating prior to June 13, 2013.

The Veteran's cervical and lumbar spine disabilities are currently rated at 20 percent, but the Board finds that these ratings do not meet the criteria for a higher rating based on the evidence of record.

The Board has determined that there are outstanding VA, private, and military treatment records that need to be obtained for the Veteran's claims. The issues of service connection for a cervical spine disorder, back disorder, TDIU, erectile dysfunction as secondary to a back disorder, back surgical scars as secondary to a back disorder, and compensation under 38 U.S.C. § 1151 have been remanded due to this outstanding evidence.

The Veteran's neck and back disability claims are being remanded for further proceedings, including obtaining additional medical records and conducting a new examination to assess the current severity of his disabilities.

The Board has remanded the claims due to incomplete verification of the Veteran's periods of active duty for training (ACDUTRA) and inactive duty for training (IDT). The AOJ needs to verify these periods, obtain any outstanding service treatment records, and determine if additional medical opinions are needed.

The Board has determined that a VA examination is needed for the Veteran's cervical spine condition, lumbar spine condition, and hypertension claims due to insufficient medical evidence of record. The Veteran asserts her conditions began in service and are related to exposure during active duty.

The Board has remanded the issue of an evaluation in excess of 50 percent for major depressive disorder, but denied the TDIU claim as the Veteran was employed full-time prior to March 20, 2019.

The Veteran's appeals have been dismissed as she withdrew her appeal for hidradenitis suppurativa, pigmentary retinal dystrophy, and carpal tunnel syndrome of the left hand. The case regarding carpal tunnel syndrome of the right hand is not addressed in this decision.

The Board denied service connection for a heart disorder and denied initial ratings for headache disorder, cervical spine degenerative disc disease, and lumbar spinal degenerative disc disease. The Veteran's headaches are rated at 10% from May 1, 2015, but the claim is denied for higher ratings. The cervical and lumbar spine conditions do not meet criteria for initial rating higher than 10%. Service connection was not granted due to lack of a diagnosed heart disorder.

The Veteran's cervical spine fracture with spondylosis is rated at 30 percent since the initial rating decision, effective from May 6, 2014. Separate ratings of 20 percent are assigned for radiculopathy affecting the right and left upper extremities from May 6, 2014 to April 21, 2015.

The Board found that the Veteran's back condition did not have its onset during active service and is not otherwise caused by active service, thus denying his claim for service connection.

The Veteran's cervical spine disorder is rated at 30 percent, but no higher. The appeal for service connection of headaches secondary to the cervical spine disorder is remanded.

The Board has remanded the Veteran's claims for service connection for a cervical spine disability and an increased rating for mechanical low back pain syndrome with degenerative arthritis due to deficiencies in the VA examinations and lack of consideration of certain evidence.

The Veteran's cervical spine degenerative arthritis and degenerative disc disease have been granted a 20 percent rating prior to November 14, 2014. A higher rating is denied for the entire appeal period. The right ankle disability has not met the criteria for an increased rating.

The Veteran's appeals for service connection and increased ratings have been dismissed due to withdrawal. The Board has remanded the issues of service connection for cervical spine, bilateral hand, and headache disorders.

The Board has remanded the case due to inadequate medical opinions regarding whether the Veteran's current cervical spine disability is related to service. The case needs further examination and opinion.

The Board has ordered additional development due to the need for retrospective opinions regarding flare-ups of the Veteran's service-connected cervical and lumbar spine disabilities prior to February 26, 2019. The case is being returned to the RO for these assessments.

The Veteran's claims for a compensable rating prior to September 7, 2011, and a rating in excess of 10 percent from September 7, 2011, for service-connected thoracolumbar spine disability are remanded. The issue of entitlement to service connection for a cervical spine disability is also remanded.

The Veteran's claim for service connection for PTSD, OSA, and TDIU has been granted with effective dates of February 28, 2011. The issue of earlier effective date for the grant of a TDIU is remanded due to the grant of an earlier effective date for the grant of service connection for PTSD.

The Veteran's lumbar and cervical spine disabilities, as well as his left knee disability, were not shown to be related to service. The Board denied these claims due to lack of evidence of a chronic condition in service or continuity of symptomatology.