Neck / cervical spine decisions — 2023

The Board has granted the Veteran's application to reopen his claim of entitlement to service connection for a back disability. The issues of service connection for neck, upper back, and/or shoulders disabilities; low back disability; right lower extremity radiculopathy secondary to a low back disability; and left lower extremity radiculopathy secondary to a low back disability are remanded for further development.

The Board has remanded the case due to insufficient efforts in obtaining private medical records from specific hospitals. The Veteran is asked to provide names and addresses of any healthcare providers who have treated him for his cervical spine disability, including those at Savannah HealthSouth, Amedisys Home Health Hinesville, and Rehabilitation Hospital of Savannah.

The Board has dismissed the issue of entitlement to a rating in excess of 20 percent for service-connected neck disability, from January 11, 2006. The remaining issues have been remanded and will be addressed again.

The Veteran's service-connected cervical spine compression fracture residuals, left upper extremity radiculopathy, low back strain, and left flank/hip disabilities are remanded for further development due to the need for new examinations to assess their current severity.

The Board has remanded the claims for increase due to new evidence received, and also requested additional records from VA and non-VA sources.

The Veteran's appeal for earlier effective dates for increased ratings of his service-connected cervical spine and right upper extremity radiculopathy disabilities is dismissed.,The Veteran's claim for basic eligibility to Dependents' Educational Assistance (DEA) benefits under 38 U.S.C. Chapter 35 is granted with an effective date of July 8, 2019.

The appeal of the cervical spine disability claim is dismissed. The Veteran's TDIU claim for prior to May 7, 2017, is granted.

The Board has dismissed the appeal for service connection and rating for degenerative disc C3-C4, C5-C6 with cervical radiculopathy due to the Veteran's withdrawal of the appeal.

The Veteran was granted an effective date of July 24, 2012 for TDIU and DEA based on his service-connected disabilities.,His service-connected conditions rendered him permanently and totally disabled from that date.

The Veteran's service-connected disabilities rendered him unable to secure and follow substantially gainful employment as of January 6, 2015.

The Veteran's claim for service connection for left leg numbness secondary to back is denied.,The Veteran's claim for service connection for cervical strain (C6-7) claimed as cervical disc degeneration is remanded due to a pre-decisional duty to assist error prior to the rating decision on appeal.,The Veteran's claim for service connection for lumbar spine, degenerative arthritis (claimed as chronic low back pain) is remanded due to a pre-decisional duty to assist error prior to the rating decision on appeal.

The appeal as to the proposal to reduce the disability rating from 20 percent to 0 percent for right upper extremity radiculopathy (minor) is dismissed.,The appeal as to entitlement to an earlier effective date for an increased rating for service-connected migraine headaches is dismissed.,Entitlement to an effective date prior to June 12, 2018 for the assignment of a 30 percent disability rating for DDD of the cervical spine with IVDS is denied.,Entitlement to an effective date prior to January 2, 2018 for the grant of a TDIU is denied.

The Board has granted an effective date of July 11, 2007 for the grant of a TDIU based on service-connected disabilities. The Veteran's conditions rendered her unemployable as of that date.

The Board has remanded the Veteran's claims of service connection for cervical back condition, high cholesterol, sleep apnea, bilateral feet degenerative arthritis, and bilateral hand degenerative arthritis due to missing records from his Army Reserve service. The RO is instructed to verify any reserve service with NPRC and Army Reserve Personnel Center, obtain all relevant service treatment records, and seek out any outstanding VA or private treatment records.

The Veteran's claims for increased evaluations and service connection are being remanded due to the addition of new VA medical records that have not yet been addressed.

The Board has reopened the Veteran's claims for service connection for migraine headaches, left arm condition (left shoulder bicipital tendonitis), and cervical spine condition (cervical strain). The appeals are now remanded to determine if these conditions are related to service or a service-connected disability.

The Veteran's appeal for a cervical spine disorder has been dismissed as the Veteran requested withdrawal of the appeal. The TDIU claim is remanded due to its inextricably intertwined nature with the cervical spine disorder issue.

Your appeals for service connection of cervical spine, lumbar spine, and left knee disabilities have been dismissed due to the death of the Veteran while his appeal was pending.

The Board has denied service connection for back and neck disabilities, finding clear and unmistakable evidence that the conditions existed prior to service. The Veteran's claims for leg and foot disabilities are remanded due to insufficient medical evidence.,Service connection is not granted for right shoulder and left shoulder disabilities as there is no competent medical evidence linking these conditions to service.

The Board denied service connection for cervical spine stenosis, headache, and left shoulder arthritis as the evidence did not show these conditions were incurred or aggravated during active duty service.