Neck / cervical spine decisions — 2020

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's cervical spine condition is related to his service. The VA needs to obtain more medical records and provide a new examination.

The Veteran's claim for an earlier effective date of October 6, 2014 for SMC based on need for regular aid and attendance was granted. This aligns with the date he received service connection for seizures.

The Veteran's claim for service connection for a right arm disability has been granted. The Board found new and relevant evidence that tends to show the Veteran has this condition, which was not previously considered.

The Board has granted service connection for right calcaneus fracture/sprain, left shoulder degenerative joint disease, and right shoulder degenerative joint disease. Service connection is also granted for degenerative joint and disc disease of the cervical spine and lumbar spine degenerative joint disease. The claim for a left knee condition remains pending.

The Board has remanded the case due to the need for additional VA treatment records and an addendum etiological opinion related to the cervical spine condition, which may be secondary to service-connected lumbosacral strain with degenerative joint disease (DJD) and compression fractures T12, L1.

The Board has remanded the case due to incomplete VA treatment records and a need for an updated medical opinion if new evidence shows a material change to the Veteran's claim.

The Veteran's claim for special monthly compensation based on aid and attendance is being remanded due to the Board not adjudicating it in its January 2019 decision. The issue of SMC is intertwined with other claims, so they are all being remanded together.

The Veteran's service-connected disabilities (migraine headaches, low back strain, and cervical strain) do not preclude her from securing or following a substantially gainful occupation.

The Board has remanded the claims for new VA examinations regarding cervical spine, back, and hip disabilities due to inadequate previous evaluations. The Veteran is required to cooperate by attending the requested examinations.

The Veteran's claims for an initial compensable rating for bilateral sensorineural hearing loss, service connection for chronic residuals of hepatitis B, gastrointestinal condition, hypertension, and a back condition are REMANDED due to the failure to obtain VA examinations as instructed in the March 2018 Board remand.

The Board dismissed the Veteran's appeals for increased initial ratings for degenerative joint disease of the bilateral shoulders, and remanded his claims for additional development regarding cervical spine, knee, lumbar spine, and pes cavus disabilities.

The Board denied service connection for a cervical spine disability, finding that the evidence did not support a link between the current condition and in-service injury or disease. The Veteran's claim based on an undiagnosed illness was also denied.

The Veteran's PTSD is granted a 70 percent rating, but the right foot and cervical spine disabilities are remanded for further development.

The Board has denied the Veteran's claim for service connection of a cervical spine disability, finding that there is no evidence linking his current condition to his active duty service.

The Board has granted service connection for cervical spine, right shoulder, and left shoulder disabilities. The claims were reopened due to new evidence submitted since the July 2015 rating decision.

The Board has remanded the Veteran's claims for service connection for cardiovascular disease, cervical spine degenerative disc disease, and lower lumbar spine degenerative disc disease due to insufficient medical evidence.

The Veteran's claims for increased ratings for lumbar spine degenerative disc disease and cervical spine disability have been denied as the evidence does not show that her conditions warrant a rating in excess of 10 percent or 20 percent, respectively.

The Veteran's claim for service connection of a cervical spine disability is reopened due to the receipt of new and relevant evidence. The Board finds that there was a pre-decisional duty to assist error by not obtaining a VA medical examination or opinion addressing the etiology of the Veteran’s cervical spine disability.

The Board denied the Veteran's claim for service connection for a cervical spine disability, finding that there was no evidence of in-service incurrence or continuity of symptoms since service and no nexus between the claimed disability and active military service.

The Board has granted service connection for cervical spine disability, but the other issues on appeal are remanded.