Neck / cervical spine decisions — 2015

The Veteran's claim for service connection for cervical spondylosis, claimed as neck pain with painful neck nodule, was granted by the AMC in January 2015. The effective date is July 26, 2007.

The Veteran's appeal has been dismissed as he withdrew his intent to pursue an increase in the ratings for his thoracolumbar and cervical spine disabilities.

The Veteran is granted service connection for migraines and cervical spine disability, but denied service connection for left elbow disability. Service connection was established for migraines due to continuity of symptoms since service. The Board found no credible evidence linking the current cervical spine or left elbow disabilities to service.

The Board has remanded the case due to the need for further development, including obtaining updated VA treatment records and scheduling a VA examination. The Veteran's cervical spine condition is being evaluated in light of her service history and any potential secondary effects from other conditions.

The Veteran's thoracolumbar and cervical spine disabilities have been rated at the maximum available benefit, with a 40 percent rating for thoracolumbar spine degenerative disc disease with intervertebral disc disease and a 30 percent rating for cervical spine degenerative disc disease with intervertebral disc disease.,The Veteran's right lower extremity radiculopathy has been rated at the maximum available benefit, with a 20 percent rating. The left lower extremity radiculopathy has also been rated at the maximum available benefit, with a 20 percent rating.

The Board denied the Veteran's claims for service connection for a cervical spine condition, bilateral hearing loss, an acquired psychiatric disorder (to include depression and anxiety), a seizure disorder, and migraine headaches. The effective date of any future grant of service connection would be determined based on when the application was filed.

The Board has ordered a remand for the Veteran's claims of service connection for low back disability, bursitis, and cervical spine osteoarthritis. The case will be returned to the AOJ for additional development.

The Veteran's appeal has been dismissed due to his death during the pendency of the appeal.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining his service personnel records and any SSA disability benefits information. The AOJ should also request updated VA treatment records.

The Board found that the Veteran's cervical spine disorder and sleep apnea are not related to service, and thus denied both claims.

The Board has reopened the Veteran's claim of service connection for a back disorder and granted it. The issue of service connection for vertigo is also addressed, with an examination recommended to determine its etiology.

The Board denied the Veteran's claims for service connection for lumbar and cervical spine disabilities, finding that there was no clear and unmistakable evidence of pre-existing conditions that were aggravated by service. The Board also found that any change in condition during service was due to natural progression.

The Veteran's lumbar spine disability was rated at 20 percent prior to December 9, 2013 and has been rated at 40 percent since then. The cervical spine disability remains at 20 percent.

The Board has determined that the VA examinations and development were not fully completed, and thus the case is being remanded for further action.

The Board has decided to remand the case for further development and examination, as previous instructions were not fully followed.

The Board has determined that the appellant's cervical cancer and hysterectomy are not service-connected, as there is no evidence of their onset during her period of active duty training. The small bowel obstruction was also not service-connected due to its being related to treatment for a nonservice-connected condition.

The Board found that the Veteran's neck disability did not have its onset during service, nor did it manifest to a compensable degree within one year of separation from active service. The Board concluded that the Veteran does not have a neck disability that is the result of disease or injury incurred in or aggravated by active military service.

The appeal is being remanded due to the need for a Board hearing via videoconference. The Veteran's claims for service connection and evaluations are pending.

The Veteran's claims for increased ratings for migraine headaches and cervical spine degenerative disc disease with right-sided radiculopathy were denied as the evidence did not show symptoms warranting higher disability ratings.

The Board has granted service connection for a cervical spine disability and awarded an effective date of June 11, 2009 for the grant of TDIU.