Neck / cervical spine Board decisions

The Board denied the Veteran's earlier effective date claims for TDIU and DEA, finding that his service-connected disabilities did not meet the schedular criteria for a TDIU or DEA at any time prior to February 1, 2013.

The Board has denied service connection for a broken bottom tooth, right side of mouth due to lack of evidence of a current disability. The claims for digestive and respiratory disabilities are remanded as the Veteran's lay statements suggest possible presumptive service connection under the Persian Gulf War presumption. Right shoulder, back, neck, and herniated sphincter of diaphragm disabilities are also remanded.

The Board has remanded the case due to inadequate examinations and a need for an addendum opinion regarding the etiology of the Veteran's spina bifida, scoliosis, and degenerative arthritis.

The Board has decided to remand the claims for cervical and thoracic spine conditions due to insufficient medical opinion regarding the etiology of these conditions. The Veteran's in-service fall is considered, but other potential causes are also discussed.

The Board has vacated its April 9, 2021 decision and remanded the issues of entitlement to initial disability ratings higher than 20 percent for back and neck disabilities as well as entitlement to a TDIU.

The Board denied the Veteran's claims for service connection for gastrointestinal, muscle tear, arthritis of all joints, and bilateral cataracts disabilities. The decision found no current diagnoses or evidence linking these conditions to service, including exposure to radiation and herbicide agents.

The Veteran's service-connected disabilities, including adjustment disorder and multiple musculoskeletal conditions, are found to be so severe that they render him unable to secure or follow substantially gainful employment.

The Veteran's claim for an increased initial disability rating of 20 percent for cervical spine disability is remanded due to the need for a VA examination to address radicular symptoms and neurological abnormalities associated with the Veteran's cervical spine disability.

The Veteran's claims for a higher initial rating for cervical spine disability and TDIU are being remanded to obtain additional medical opinions regarding the severity of his condition, as well as to consider different rating criteria.

The Board has determined that the VA medical opinions are inadequate and remands are required for further development, including obtaining additional treatment records and providing a thorough examination to address the Veteran's claims.

The Board has remanded the cases for additional development due to inadequate VA opinions and failure to substantially comply with prior remand instructions.

The Board has remanded the Veteran's claims for a disability rating greater than 20 percent for his low back disability, service connection for a cervical spine disability, and TDIU prior to September 7, 2018. The issues are related to the nature and severity of his service-connected conditions.

The Board has denied the Veteran's claims for service connection for a cervical spine condition, left upper extremity radiculopathy, and right upper extremity radiculopathy. The Board found that there is no evidence of a nexus between these conditions and the Veteran's active duty service or his service-connected back disability.

The Board granted a total disability rating based on individual unemployability (TDIU) for the Veteran's cervical spine DDD, which was part of an increased rating request. The attorney is entitled to 20% of past-due benefits awarded in September 2020.

The Board has remanded the Veteran's claims for service connection for cervical and lumbar spine disabilities due to a pre-service motor vehicle accident. The AOJ is instructed to attempt to obtain relevant in-service medical records, including those from the private hospital following the MVA and from the Illinois Neuro-Spine Center. A new VA examination is also required.

The Veteran's claim for an earlier effective date for cervical spine degenerative arthritis is denied as the increase in disability became factually ascertainable on February 9, 2019.,The Veteran's claims for earlier effective dates for left and right lower extremity radiculopathy are denied because these conditions did not arise until after the initial claim period.,The Veteran's claim for an earlier effective date for Dependents' Educational Assistance (DEA) is granted as of November 13, 2018.

The Board denied service connection for back and cervical spine disorders, finding that the Veteran's current conditions are not related to his military service or a service-connected condition.

The Board has determined that further development is needed for the Veteran's claims related to his right ankle, hip, cervical spine, migraine, and knee disabilities. The VA examinations are deemed inadequate due to lack of proper range of motion testing and failure to address flare-ups.

The Veteran's claims for service connection for bilateral hearing loss, cervical spine disability, and lumbar spine disability have been denied due to lack of new and material evidence.,The Veteran's claim for service connection for asthma has been denied as there is no evidence showing the condition started during his service or is related to his service.,The Veteran's claims for service connection for prostate cancer and penile condition due to herbicide exposure have been remanded for further development.,The Veteran's claim for service connection of PTSD remains pending, with a need for new and material evidence. The claim for an acquired psychiatric disorder other than PTSD also has been remanded.

The Board has remanded the Veteran's claims for neck disability, bilateral upper extremity radiculopathy, and back disability due to inadequate examinations and lack of clear opinions regarding service connection.