Neck / cervical spine decisions — 2023

The Board has remanded the Veteran's claims for service connection and rating of his psychiatric disability, as well as his low back and cervical spine disabilities. The remand is due to incomplete records from 1985 and the VA hospital imaging system.

The Veteran's SMC based on housebound status is denied as he does not have a single service-connected disability rated at 100% or TDIU due to a single service-connected disability.

The Board found no evidence of the claimed disabilities during service or within one year post-service, and thus denied all claims for service connection.

The Veteran's claims for service connection have been reopened, but the issues of mental health disorder (including PTSD and depressive disorder), hypertension, diabetes mellitus, kidney stone condition, right knee disability, left knee disability, osteoarthritis of the cervical spine associated with ankylosing spondylitis, and left hip condition are remanded due to insufficient evidence.

The Board has denied the Veteran's claims for service connection for low back disability, neck disability, and left upper extremity neurological disability due to a lack of evidence showing these conditions are related to his military service.

The Veteran's cervical spine condition has been restored to a 20 percent disability rating.,The Veteran's left lower extremity radiculopathy condition has been restored to a 10 percent disability rating.

The Veteran's claim for benefits under 38 U.S.C. § 1151 was granted, as the Board found that he has additional disability of the cervical spine resulting from VA chiropractic treatment in June 2007, caused by carelessness or negligence on the part of VA.

The Board has remanded the Veteran's claims for service connection for various disabilities, including right and left knee disabilities, a sinus disability due to asbestos exposure, right and left shoulder disabilities, thoracolumbar spine (low back) disability, and cervical spine (neck) disability. The remand is due to new evidence received after the most recent Supplemental Statement of the Case.

The Board has determined that the Veteran's cervical spine disability is service-connected as a direct result of his active duty service, resolving all reasonable doubt in favor of the Veteran.

The Board denied the Veteran's claims for service connection for left foot numbness and cervical spine disorder as secondary to his service-connected residuals of a left talus fracture.

The Board denied service connection for a cervical spine disability, finding that the current condition is not related to an in-service injury or disease and there is no credible evidence of continuous symptoms since service.

The Board denied the Veteran's claims of service connection for back disability, depression (secondary to a service-connected condition), right hip disability (secondary to a service-connected condition), and neck disability (secondary to a service-connected condition). The Board found that there was no evidence of any current disabilities related to service.

The Board has remanded the Veteran's claims for increased ratings of his cervical spine disability and associated upper extremity radiculopathy, as well as his claim for individual unemployability. The issues are being remanded due to inadequate examination reports and procedural errors.

The Board has determined that the VA examinations related to the Veteran's claims for service connection are inadequate and requires further examination by a physician.

The Veteran's service-connected disabilities did not preclude him from securing and following a substantially gainful occupation during the period from February 1, 2007 to February 22, 2010. Therefore, a TDIU rating on an extraschedular basis is denied.

The Veteran's claim for a compensable rating for his scar of the mid low back is denied.,The Veteran's claims for service connection for migraine and tension headaches, degenerative disc disease of the cervical spine, sciatic radiculopathy of the left leg, sciatic radiculopathy of the right leg, finger joint pain, left knee condition, and right knee condition are remanded.

The Board has remanded three issues related to service connection for cervical spine condition, peripheral neuropathy of the left upper extremity, and peripheral neuropathy of the right upper extremity due to inadequate VA examination opinions.

The Board has denied the Veteran's claims for service connection for metastatic cancer to the liver, colon cancer, skin cancer, and cervical cancer as there is no evidence linking these conditions to her military service.

The Board has granted service connection for a hiatal hernia and remanded the issues of service connection for traumatic brain injury (TBI) residuals and a neck disability.

The Veteran's service-connected psychiatric disability and physical disabilities separately result in her requiring regular aid and attendance from another person, warranting a higher rate of special monthly compensation (SMC).