Neck / cervical spine Board decisions

The Board has remanded the service connection claims for a cervical spine disorder and residuals of traumatic brain injury (TBI) to include a headache disorder, as well as the SMC and SMP claims. The issues are being remanded due to conflicting opinions regarding whether the Veteran's falls were caused or aggravated by his service-connected disabilities.

The Board denied the Veteran's claim for a total disability rating due to individual unemployability (TDIU) on an extraschedular basis prior to August 23, 2011. The evidence did not establish that his service-connected conditions alone rendered him incapable of obtaining or maintaining substantially gainful employment during this period.

The Board has granted service connection for a lumbar spine disorder, but remanded the issue of service connection for a cervical spine disorder.

The Board denied the Veteran's claim for service connection for a left-hand disorder, finding that there was no evidence of chronicity since service and that the current disability is not related to active service.

The Board has remanded the Veteran's claims regarding cervical spinal stenosis with degenerative disc disease and PTSD due to insufficient rationale in previous VA opinions.

The Board denied the Veteran's claims for service connection for cervical and thoracolumbar spine disabilities, finding that there was no evidence of in-service injury or incident causing these conditions. The Board also found insufficient evidence to establish a secondary service connection for nerve disabilities.

The Veteran's cervical spine disability, right shoulder/upper clavicular radiculopathy with RUE carpal tunnel syndrome, and LUE carpal tunnel syndrome are not rated higher than the currently assigned ratings. The Veteran’s OSA with residuals of sarcoid is also not rated higher.

The Veteran's PTSD is rated at 50 percent since May 16, 2013. The Board finds the symptoms do not warrant a higher rating.,The Veteran's neck disability is rated at 20 percent since May 16, 2013. The Board finds the symptoms do not warrant a higher rating.,The Veteran's right upper extremity radiculopathy is rated at 40 percent since May 16, 2013. The Board finds the symptoms do not warrant a higher rating.,The Veteran's TBI residuals are rated at 40 percent since May 16, 2013. The Board finds the symptoms do not warrant a higher rating.

The Board denied service connection for a sleep disorder and found that the Veteran's insomnia was related to his already service-connected depressive disorder. The Board also denied an initial disability rating greater than 20 percent for cervical spine disability, as forward flexion of the cervical spine did not limit to 15 degrees or less during the claim period.,The Board denied entitlement to a separate compensable rating for left upper extremity neurological abnormality associated with cervical spine disability and found that right upper extremity radiculopathy was characterized as moderate incomplete paralysis on the dominant side.

The Veteran's cervical spine disability is rated at 30 percent from May 4, 2010 to October 4, 2020. The Board denied a rating in excess of 30 percent and TDIU due to the lack of incapacitating episodes and her ability to maintain full-time employment.

The Veteran's left knee instability is now rated at 20 percent effective February 7, 2021. All other claims remain denied.

The Veteran's lumbar and cervical spine disabilities have been granted increased ratings, with the lumbar disability receiving a 40% rating since April 24, 2013.

The Board has remanded the Veteran's claims for service connection for bilateral shoulder disorders, as they may be related to his service-connected cervical spine disability. The VA examiner did not address whether the Veteran’s shoulder disorders are caused or aggravated by his service-connected neck disability.

The Board has remanded the claim for a total disability rating based on individual unemployability (TDIU) due to the Veteran's service-connected disabilities preventing him from obtaining and following substantially gainful employment. The case was referred to the Director of Compensation Service for extraschedular consideration.

The Veteran's respiratory disability, including asthma, is not service-connected.,None of the Veteran’s other disabilities are found to be secondary to a service-connected condition.

The Board has received additional evidence and the Veteran's representative has requested that this evidence be reviewed by the AOJ/RO. The Board is therefore remanding these matters to comply with the Veteran’s request.

The Veteran's appeals for increased ratings and service connection have been dismissed due to his withdrawal of the appeal.

The Board denied the Veteran's claim for service connection for a cervical spine disorder, finding that there was no evidence of a nexus between his in-service boxing injury and his current cervical spine condition. The Board also found that the cervical spine disorder is not related to or aggravated by his service-connected left shoulder disability.

The Board has remanded the Veteran's claims of entitlement to service connection for a right shoulder disability, low back disability, and cervical spine disability due to new evidence received since the March 2004 decision.

The Veteran's claims for increased disability evaluations for cervical strain and lumbar strain were denied. The current ratings of 30 percent for cervical strain and 40 percent for lumbar strain are not higher than what is warranted based on the evidence.