Neck / cervical spine decisions — 2023

The Board has remanded the Veteran's claims for a cervical spine condition and right wrist condition due to insufficient examination opinions. The Veteran will need to undergo new VA examinations to determine if his conditions are related to service.

The Board has denied the Veteran's claims for service connection for lumbar and cervical spine disorders, finding that there is no evidence to support a link between these conditions and his active service or any service-connected condition.

The Board has granted service connection for left shoulder acromioclavicular joint separation and degenerative joint disease, as well as cervical osteoarthritis. The Veteran's current conditions are found to be related to his military service.,Service connection was denied for malignant neoplasm of the colon due to lack of evidence linking it to service.

Service connection for prostate cancer is denied as there was no in-service disease or injury indicative of the condition, and it is not related to service.,Service connection for left foot disability is denied due to lack of evidence showing a disease or injury during service.,Service connection for right foot disability is denied due to lack of evidence showing a disease or injury during service.,Service connection for left CTS is denied as there was no in-service onset and it is not related to service.,Service connection for right CTS is denied as it is not caused or aggravated by a service-connected disability.,Service connection for vision disability (bilateral cataracts, bilateral dry eye syndrome, bilateral vitreous floaters, and bilateral pinguecula) is denied due to lack of evidence showing a disease or injury during service.,Service connection for lumbar spine disability is denied as there was no in-service onset and it is not related to service.,Service connection for cervical spine disability is denied as there was no in-service onset and it is not related to service.,Service connection for vitiligo is denied due to lack of evidence showing a disease or injury during service.

The Veteran's appeal is remanded for further development due to a duty-to-assist error in obtaining an examination and addressing the severity of his cervical spine disability, which may affect both the increased rating claim and the effective date issue.

The Veteran's cervical spine disability was not shown to be related to service or her sarcoidosis of the lungs, and is denied.,The Veteran's migraine headache disability did not manifest during service or within one year after separation from service, and is denied.

The Veteran's claim for a higher evaluation for his service-connected degenerative disc disease of the cervical spine is being remanded due to inadequate examination and lack of consideration of flare-ups.

The Veteran's claims for effective dates prior to September 8, 2018, for the grants of service connection for neck and right shoulder disabilities are denied.,The Veteran's claims for initial ratings in excess of 10 percent for neck disability and right shoulder disability are remanded due to duty-to-assist errors.

The Board has dismissed the Veteran's appeals regarding service connection for traumatic brain injury, cervical spine injury, thoracic spine injury (claimed as low back injury), headaches, right knee pain, and right hip condition due to their docketing under the AMA system. The claims continue to reside in the legacy system.

The Veteran's asthma is related to exposure to burn pits while serving in Saudi Arabia. The Board granted service connection for this condition, finding it meets the criteria for presumptive service connection under the PACT Act.

The Board has remanded the Veteran's claim for a cervical spine disability due to inadequate compliance with previous remand directives. The case is being returned for an addendum medical opinion from a VA specialist.

The Board denied the Veteran's claim for service connection for a cervical spine disorder, finding no probative evidence linking his current condition to military service or any service-connected disability.

The Veteran's cervical spine degenerative disc disease is rated at 30 percent disabling, and his left ankle tendonitis and fracture are rated at 10 percent disabling. The Veteran was granted TDIU for the appeal period prior to June 1, 2017.

The Veteran's cervical spine, bilateral knee, left shoulder, right ankle, and right ankle scar disabilities have been granted service connection.,Residuals from a head injury (including traumatic brain injury and headaches) and bilateral detached retinas are remanded for further examination.

The Board has remanded the Veteran's claims for bilateral hearing loss disability and cervical spine disability, as these issues are inextricably intertwined with his TDIU claim. The VA will obtain updated treatment records, schedule examinations to determine the nature and etiology of the disabilities, and consider the secondary theory of entitlement.

The Veteran's cervical condition is granted service connection. The rating for lumbosacral strain remains at 40%.,Service connection for lower extremity radiculopathy and TDIU are granted with effective dates of November 5, 2007.

Service connection has been granted for a cervical spine disability, chronic fatigue, and left knee disability.,The claim for service connection of fibromyalgia is remanded due to lack of current diagnosis.

The Veteran's thoracolumbar strain and cervical strain status post fusion C5-C6 have been rated at various levels, but the current ratings do not reflect the severity of his symptoms. The Board finds that further medical development is needed to determine the appropriate rating.,The Veteran contends that his disabilities are more severe than currently reflected in the ratings.

The Board found that the withholding of VA compensation benefits for 14 training days in FY 2015 was proper because the Veteran received concurrent pay and thus, the withholding did not violate her rights.

The Board has remanded the Veteran's claims for service connection for lumbar spine, cervical spine, right shoulder, and left shoulder disabilities due to outstanding records and inadequate examination.