Neck / cervical spine decisions — 2023

The Veteran's right leg muscle atrophy disorder is granted as secondary to his service-connected status post-surgical transplantation of ACL with chronic right knee strain with instability. The claims for lumbar spine and cervical spine disorders are remanded.

The Veteran's petition to reopen a claim for service connection for a right shoulder disability is granted. The Board has determined that new and material evidence has been received, allowing the reopening of the claim. However, both issues of entitlement to service connection for a right shoulder disability and a neck disability are remanded due to insufficient medical opinions.

The Board has remanded multiple claims for additional development, including those related to the Veteran's low back strain, left knee condition, bilateral pes planus, and left foot pes planus. The effective date for Dependent's Educational Assistance (DEA) benefits is also in dispute.

The Veteran's claim for service connection for a cervical spine disability was reopened and granted.,Service connection has been established for the Veteran's peripheral neuropathy of the left and right upper extremities, with both issues being remanded.

The Veteran's claims for increased ratings and service connection are being remanded to allow for additional examinations and consideration of the evidence.

The Veteran's claims for bilateral hearing loss and a neck/cervical spine disorder are being remanded due to the need for additional medical examination and evaluation. The claim for a back disorder is also being remanded.

The Board has remanded the Veteran's claims for service connection due to incomplete records and requests for additional development.

The Board denied the Veteran's claims for earlier effective dates for service connection of cervical spine degenerative arthritis and bilateral upper extremity radiculopathy disabilities, finding that the earliest claim was filed on September 27, 2018.

The Veteran's service-connected disabilities, including OSA, lumbar degenerative disc disease, carpal tunnel syndrome, and anxiety disorder, have rendered him unable to secure or follow substantially gainful employment consistent with his education and experience.

The Board has denied service connection for cervical spine, right shoulder, left shoulder, right elbow, left elbow, right wrist, and left wrist disorders. The acquired psychiatric disorder (to include PTSD, depression, and anxiety) is also remanded.

Service connection for a right shoulder disability, thoracic spine disability, and cervical spine disability has been denied.,Service connection for bilateral hearing loss, tinnitus, and an acquired psychiatric disorder (PTSD) is remanded due to lack of current diagnoses.

The Veteran's bladder cancer is related to his military service and granted. The issues of heart disability, diabetes mellitus, neck disability, and hypertension are remanded due to duty-to-assist errors.

The Board has granted the Veteran's claims for service connection for cervical segmental dysfunction and left ankle degenerative arthritis, finding that there is at least a reasonable doubt in favor of these conditions having onset during service. The claim for an initial rating greater than 10 percent for back strain was withdrawn by the Veteran.

The Board has found that there is a duty to assist error regarding the Veteran's service dates and will need to verify his periods of qualifying service other than from May 1980 to May 1983. The decision on the neck disability claim remains pending.

The Veteran has withdrawn his appeals for service connection of cervical spine, lower back, right ankle, and right wrist disabilities. The Board dismissed the appeal as a result.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation, and a TDIU is granted for the period prior to October 4, 2021.

The Board has remanded the cases for additional development and a new medical opinion due to incomplete information regarding the Veteran's in-service stressor, lack of corroboration, and insufficient treatment records.

The Board denied the Veteran's claims for an effective date earlier than July 17, 2012 for the grant of service connection for cervical spine DDD/herniation and radiculopathy, right upper extremity.,There was no formal or informal claim filed before July 17, 2012. The Veteran's representative argued that the effective date should go back to May 2007 based on new service treatment records submitted in June 2015.

The Veteran's claims for earlier effective dates for service connection awards of cervical spine disability and RUE radiculopathy have been denied.,The Veteran's initial claim for a cervical spine disability was filed on December 9, 2016. The Board found that the date of entitlement arose prior to this date.

The Board has remanded the Veteran's claims for service connection due to insufficient opinions regarding the etiology of his right hand condition, left shoulder degenerative arthritis, and neck disability. The VA must obtain new medical opinions addressing these issues.