Neck / cervical spine Board decisions

The Board has decided to remand the cases of service connection for bilateral hearing loss, bilateral tinnitus, thoracolumbar spine condition, and cervical spine condition due to outstanding VA treatment records and a need for an addendum opinion regarding the relationship between noise exposure in service and current hearing loss and tinnitus.

The Board has decided to remand the Veteran's claims for service connection and rating issues due to conflicting evidence and need for additional examination. The Veteran is not entitled to a disability rating in excess of 10 percent for TBI prior to December 17, 2020, and entitlement to a disability rating in excess of 70 percent thereafter for conversion disorder with mixed symptoms with other specified trauma and stressor-related disorder and TBI. The Veteran's claims for service connection for sleep apnea, cervical and lumbar spinal damage are also remanded.

The Board dismissed the Veteran's appeals for increased ratings and earlier effective dates for left and right upper extremity cervical radiculopathy as they were not properly before the Board in the Appeals Modernization Act (AMA) system.

The Board has remanded the claims for service connection due to a pre-decisional duty to assist error. The Veteran's cervical and lumbar spine disabilities, as well as bilateral lower extremity radiculopathy, are being reviewed again.

The Board denied service connection for lumbar spine, cervical spine, and numbness of the hands disabilities due to lack of evidence linking these conditions to service or a service-connected disability.

The Board has remanded the case due to new evidence received, which relates to an unestablished fact necessary to substantiate the claim for a cervical spine disability. The Veteran's current cervical spine disability is at least as likely as not related to his military service, including his 1991 clavicular fracture and neck pathology suffered therein.

The Veteran's claim for service connection for a neck disability was reopened and granted. The pelvis disability, diagnosed as chronic sacroiliac sprain/hypermobility, is also granted.,The remaining issues of service connection for right hip and left hip disabilities are remanded.

The Board has remanded the claims of service connection for cervical spine and right shoulder conditions due to inadequate nexus opinions provided by VA medical examiners. The examiner's opinions are based solely on medical literature without considering the Veteran's specific case details, such as his medical records and reported symptomatology.

The Board has referred the issues of service connection for various disabilities to the AOJ for adjudication. The AOJ must address these intertwined claims before determining whether the appellant can be considered a veteran.

The Veteran's cervical spine, right upper extremity cervical radiculopathy, left upper extremity cervical radiculopathy, and headaches have been granted service connection. However, the low back disability remains under review due to insufficient evidence.

The Veteran's cervical strain disability is being remanded for a new examination to determine the current severity of his condition and its impact on function.

The Veteran's claims for effective dates earlier than April 10, 2018 for the grant of service connection for various conditions have been denied.,Effective dates cannot be established before the date of separation from active duty or the date entitlement arose if within one year.

The Board denied the reopening of a claim for service connection for a cervical spine disability, finding that new and material evidence had not been received to establish that the Veteran's neck disorder was aggravated by an accident during active duty training.

The Board has remanded the cases for additional development due to incomplete or insufficient examinations, and because the issues are inextricably intertwined with the cervical spine disability.

The Board denied service connection for residuals of a left leg stress fracture, bilateral plantar fasciitis, and cervical spine surgery due to lack of evidence linking these conditions to the Veteran's active duty or Reserve service.

The Board denied the Veteran's claims for service connection for residuals of mycobacterium tuberculosis, an increased rating for tension headaches, and initial ratings for cervical spine intervertebral disc syndrome (IVDS) and scars post-lumbar spine surgery. The appeals were all denied as there was no current disability found in each case.

The Board has determined that further development is needed to address the Veteran's claims for service connection due to incomplete medical records and unclear diagnoses. The Veteran will need to undergo additional VA examinations to clarify his conditions and determine their relationship to service.

The Board has granted service connection for a neck disability, bilateral shoulder disability, depression, and erectile dysfunction. The appeals were based on the Veteran's contention that these conditions developed due to his in-service physical demands.

The Board has remanded the cases for a new VA examination to address the Veteran's claims of neck and back disabilities, as the previous opinions were based on insufficient consideration of the lay evidence.

The Board has remanded the claims for service connection for right shoulder and neck disabilities, including as secondary to a service-connected low back disability. The remand is due to inadequate consideration of the significance of a reported injury in service and the question of secondary service connection on an aggravation basis.