Neck / cervical spine Board decisions

The Veteran's service-connected disabilities, including major depressive disorder and tension headaches (migraines), have rendered him unable to secure or follow a substantially gainful occupation consistent with his education and work history.

The Veteran's claim for compensation under 38 U.S.C. § 1151 for depression has been denied due to lack of evidence showing the disability was caused by VA care.,The Veteran's claim for service connection for indigestion acid reflux, secondary to headaches, has been denied as there is no evidence linking the condition to a service-connected disability.,The Veteran's claim for service connection for headaches remains pending and requires further examination to determine if they are related to service or due to another service-connected disability.,The Veteran's claim for service connection for an acquired psychiatric disorder, secondary to headaches, has been denied as there is no evidence linking the condition to a service-connected disability.,The Veteran's claims for service connection for lumbosacral strain and cervical strain, both secondary to his right ankle disability, remain pending and require further examination to determine if they are related to service or due to another service-connected disability.,The Veteran's claim for service connection for a left knee disability, secondary to his right ankle disability, remains pending and requires further examination to determine if it is related to service or due to another service-connected disability.

The Board has granted service connection for a cervical spine disability and remanded the cases of left ear hearing loss and TDIU.

The Board has denied service connection for bilateral hearing loss disability and has remanded the issues of service connection for cervical spine, lumbosacral spine, and right hip disabilities.

The Veteran's appeal is remanded due to the need for a new VA examination and retrospective opinion regarding his cervical spine disability. The issue of an increased rating in excess of 10 percent for cervical spine disability with degenerative disc disease remains pending.

The Board has dismissed the Veteran's appeals for increased ratings in excess of 10 percent for cervical spine strain, sleep apnea, residuals of head injury with post traumatic headaches, right shoulder condition, back condition (lumbar degenerative disc disease), left knee degenerative joint disease, and dyspepsia or gastroesophageal reflux disease (GERD).

The Board has decided to remand the case due to inadequate opinions from VA examiners regarding the nature and etiology of the Veteran's neck disability, as well as whether it is related to service-connected left knee or back disabilities. The case will be returned for further examination and opinion.

The Board has granted service connection for a forehead scar but has remanded the Veteran's claims for cervical spine and thoracolumbar spine disabilities due to insufficient evidence.

The Board has remanded the Veteran's claims for initial ratings in excess of 20, 10, and 10 percent for his thoracolumbar spine degenerative arthritis, cervical spine degenerative arthritis, left knee patellar chondromalacia and degenerative joint disease, and right knee patellar chondromalacia and degenerative joint disease due to the need for new examinations.

The Veteran's cervical spine disability is currently rated at 40 percent since July 16, 2020. This rating is granted.

The Board has remanded the claim for total disability rating based on individual unemployability (TDIU) prior to July 15, 2008 due to insufficient evidence in the record regarding whether the Veteran's service-connected disabilities preclude him from securing and following a substantially gainful occupation.

The Board has determined that the Veteran's lumbar spine, back surgery scars, and neck disability claims require additional examinations to determine their severity and etiology. The cases are being remanded for these purposes.

The Board has decided to remand the Veteran's claim for an increased disability rating in excess of 20 percent for cervical spine intervertebral disc syndrome (IVDS) due to inadequate examination evidence. A new VA disability examination is required.

The Board has determined that additional development is needed for the Veteran's claims, including obtaining VA examinations and considering his symptoms since last evaluated in March 2015.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation, and his TDIU claim is granted from February 13, 2013.

The Veteran's claims for increased ratings for service-connected shoulder and neck disabilities were denied. The Board found that the evidence did not support a higher rating for either condition.

The Veteran's appeal for service connection on all issues except hypertension is remanded. The Board will consider the claim of service connection for hypertension, which may be related to herbicide exposure in Vietnam.

The Board has determined that the Veteran's cervical spine disability began during his service and is related to a neck injury he sustained in 1994, granting service connection for this condition.

The Veteran's cervical spine, lumbar spine, and left knee disabilities have been granted service connection. The remaining issues of radiculopathy of the upper and lower extremities as well as right shoulder strain and right knee arthritis with chondromalacia are remanded for further evaluation.

The Board has remanded the Veteran's claims for higher initial ratings for cervical spine and low back disabilities, as well as his claim for TDIU due to service-connected disabilities. The claims are being remanded for additional development including obtaining medical records and scheduling a VA examination.