Neck / cervical spine decisions — 2024

The Veteran's claims for service connection of cervical and thoracolumbar spine injuries, as well as an increased rating for residuals of fracture of the right patella with arthritis, were denied. The Board found no evidence of in-service injury or onset within one year of separation from service.

The Board has denied the Veteran's claim for an initial rating in excess of 20 percent for thoracolumbar strain and has remanded her service connection claim for a cervical spine disorder. The case is now pending with the AOJ to obtain necessary medical opinions and adjudicate both issues.

The Board has dismissed the issues of entitlement to increased ratings for right ruptured tympanic membrane and right ear hearing loss disability due to a withdrawal by the Veteran during his March 2024 Board Hearing.

The Veteran's service-connected disabilities, including CAD, hypertension, back disability, and neck disability, prevent him from obtaining and maintaining substantially gainful employment. The Board finds that the Veteran is unable to secure or follow any form of gainful employment due to these conditions.

The Veteran's appeals for service connection on multiple conditions have been dismissed due to the Veteran's withdrawal of his appeal.

The Veteran's SMC at the 'L' rate is based on his need for aid and attendance due to service-connected paranoid schizophrenia and bilateral upper extremity radiculitis. His remaining service-connected disabilities combine to more than 50 percent but less than 100 percent, qualifying him for a higher level of SMC 'P'.

The Veteran's cervical spine and psychiatric disabilities are granted as service-connected. The claim for IBS is remanded due to the need for a medical opinion.

The Veteran's TDIU claim is remanded due to the need for a retrospective medical opinion on the combined effects of his service-connected disabilities, as VA did not obtain such an opinion in the original decision.

The Veteran's right and left knee strains are granted as service connection. The Veteran's musculoskeletal bilateral foot disability, aggravated during service, is also granted.,Service connection for lumbar and cervical spine disabilities, and a skin disability of the feet, remains pending due to remand.

The Veteran's unspecified bipolar disorder with depression began during active service and is now granted as a result of receiving new relevant evidence.

The Board has remanded the case due to insufficient medical opinions regarding the Veteran's neck condition. The effective date for service connection of left knee patellofemoral pain syndrome with arthritis as secondary to right knee osteoarthritis is January 20, 2020.

The Veteran's TDIU claim is dismissed because he has a 100% schedular rating for ischemic heart disease and SMC benefits based on statutory housebound status due to other service-connected disabilities, rendering the TDIU claim moot.

The Veteran's cervical spine disorder, diagnosed as a cervical strain, had its onset in service and the Board granted service connection for this condition.

The Board has granted service connection for a cervical spine (neck) disability and headaches, finding that the evidence is at least in balance with respect to these conditions being related to service.

The Veteran withdrew their appeal for service connection of a cervical spine disability, and the Board has dismissed the case.

The Veteran's service-connected disabilities have rendered him unable to secure and follow substantially gainful employment, leading to a TDIU. Basic eligibility for Dependents' Educational Assistance under 38 U.S.C. Chapter 35 is also established.

The Veteran is seeking a temporary total rating for his service-connected cervical spine and lumbosacral strain disabilities due to convalescence after surgery. The RO failed to adjudicate this claim in its November 2020 decision, so the case is being remanded.

The Veteran's claims for service connection for a cranial neurological disability (claimed as 'head injury') and a cervical spine disability are both granted. The Board found that the Veteran had continuity of symptomatology since his active service, which is sufficient to meet the third element of service connection.

The Veteran's chronic bilateral dry eye is granted a disability rating of 20 percent on and after February 19, 2020. Service connection for psychiatric, cervical spine, and IBS disabilities are denied.

Your appeal has been dismissed due to the Veteran's death. The Board does not have jurisdiction to adjudicate your claims at this time.