Neck / cervical spine decisions — 2023

The Veteran's cervical strain increased in severity on August 24, 2017. The Board granted an earlier effective date of August 24, 2017 for a 20 percent disability rating.

The Board has remanded the cases for further development and examination to determine if the Veteran currently has a neck or low back disability that is related to service, as well as whether her numbness in bilateral feet disability may be due to her service-connected pes cavus.

The Board denied the Veteran's claim for a TDIU, finding that his service-connected disabilities did not render him unable to secure or follow a substantially gainful occupation.

The Board has granted service connection for the Veteran's lower back condition, but remanded the issues of entitlement to a disability rating in excess of 70 percent for PTSD with MDD, service connection for cervical spine condition, and TDIU due to lack of recent medical records and outdated examination reports.,Further, the Board found that there is at least an approximate balance of evidence regarding whether the Veteran's lower back condition is related to his active-duty service.

The Board has remanded the case due to inconsistencies in the previous VA examination and the need for clarification on whether the Veteran's neck scar is disfiguring.

The Veteran's claim for an increased rating in excess of 20 percent for intervertebral disc syndrome with degenerative arthritis of the cervical spine on an extraschedular basis was denied. The Board found that the disability picture is adequately described by the existing schedular criteria, and thus, no extraschedular evaluation was warranted. Additionally, the Veteran's claim for TDIU due to service-connected disabilities from June 1, 2022, was granted.

The Board has remanded the Veteran's claims for service connection due to inadequate VA examinations and lack of medical evidence supporting the Veteran's assertions.

The Board has denied service connection for right knee and left ankle disabilities due to lack of current diagnoses. Service connection for a spine disability is remanded.

The Board has granted the Veteran's appeal for service connection for degenerative arthritis of the thoracolumbar spine and degenerative disc disease with anterior spurring of the cervical spine, finding that the evidence is in equipoise as to whether these disabilities were incurred during active duty.

The Board has granted service connection for a neck disability, sleep apnea, chronic fatigue syndrome due to an undiagnosed illness, respiratory problems including shortness of breath due to an undiagnosed illness, and chronic pain due to an undiagnosed illness.,The Veteran's symptoms were noted during service and continued after separation from service.

The Board has remanded the claims for additional development due to the need for retrospective medical opinions regarding the Veteran's back and neck disabilities. The SMC claim is also remanded as it depends on the development of the spine disability issues.

The Board has denied service connection for a back disability and a neck disability, finding the evidence does not support a link to active duty service. The thyroid condition claim is remanded due to lack of verification of radiation exposure.,Service connection will be considered for the Veteran's claimed conditions based on direct evidence rather than presumptions or secondary theories.

The Board denied an increased rating for the Veteran's cervical spine disability, finding that the evidence did not support a higher rating based on the severity of his symptoms during the appeal period.

The Board has granted service connection for degenerative arthritis of the cervical spine and degenerative arthritis of the lumbar spine, finding that these disabilities are related to the Veteran's active military service.,Service connection was also granted for sleep apnea, which is considered a separate issue from the neck and low back disabilities.

The Board denied the Veteran's claims of service connection for sleep apnea, neck disability, and back disability, finding that there was no evidence linking these conditions to his military service or any service-connected disabilities.

The Board denied service connection for thoracolumbar and cervical spine disorders, finding the conditions less likely than not related to service or within a year of separation.,The Board also denied entitlement to nonservice-connected pension prior to October 1, 2017 on the basis of countable income.

The Board has denied the Veteran's claims for service connection for neck, back, right shoulder, and right leg disabilities. The evidence does not support a finding that these conditions began during or are otherwise related to his active military service.

The Veteran's appeal for additional VR&E services, including training to pursue a medical degree, was granted. The Board found that the Veteran had service-connected disabilities and functional limitations that made it necessary to change his rehabilitation goal from biomedical sciences to medicine.

The Board has remanded the claims due to insufficient research on the Veteran's claimed exposure to radiation while stationed in Germany.

The Veteran's appeal for higher ratings on several conditions has been dismissed due to the withdrawal of his claims by his attorney in December 2020.