Neck / cervical spine decisions — 2024

The Veteran's appeals for service connection on all five claims have been dismissed due to his withdrawal of the appeal in June 2020.

The Veteran withdrew his appeals for all service connection claims, including sleep apnea, left elbow disability, right elbow disability, GERD, and neck disability. As a result, the Board dismissed these claims without prejudice.

The Board has granted service connection for the Veteran's lumbar and neck disabilities, finding that there is a link between these conditions and his military service.

The Veteran's appeal includes multiple issues related to service connection for various disorders, including left knee disorder, cervical spine disorder, left hip disorder, left ankle disorder, headache disorder, hearing loss, tinnitus, and upper extremity radiculopathy. The Board has determined that these claims are remanded due to the need for additional evidence.

The Veteran's lumbar spine disability and cervical spine disability were denied increased ratings, while his right lower extremity radiculopathy and left lower extremity radiculopathy were granted service connection.,Effective dates for bilateral upper extremity peripheral neuropathy are being remanded.

The Veteran's claims for neck, bilateral knee, and bilateral ankle disabilities are being remanded due to duty-to-assist errors. Further examination is needed to determine the nature of his current conditions and their relationship to service.

The Board denied the Veteran's claim for service connection for a neck disability, finding that there was no evidence to support a nexus between his current condition and an in-service event or disease. The decision is based on the lack of probative evidence indicating a relationship between the Veteran's neck disability and any in-service injury or disease.

The Board denied the Veteran's motions to reverse or revise on the basis of clear and unmistakable error (CUE) in several rating decisions denying service connection for various conditions. The Veteran argued that VA failed to consider a truck accident during his military service, but the Board found no CUE as there was not clear evidence establishing the occurrence of the MVA.

The Veteran's service-connected disabilities render him unable to maintain substantially gainful employment, and a TDIU rating is granted.

The Board has already addressed the issue of entitlement to a TDIU for the same time period in another case, and it has been fully resolved. The appeal is dismissed as moot.

The Board has remanded the claims for an evaluation higher than 10 percent for cervical degenerative joint disease prior to March 5, 2019 and entitlement to a total disability based on individual unemployability due to service-connected disability (TDIU).

The Veteran's service-connected disabilities require the need for regular aid and attendance, which has been granted special monthly compensation based on aid and attendance.

The Board has denied the Veteran's claims for an earlier effective date and a higher initial disability rating for his service-connected cervical spine degenerative joint disease. The case is remanded to obtain additional medical opinions regarding the severity of the Veteran's disability.

The Board has determined that the Veteran's cervical-spine disorder, right-upper-extremity radiculopathy, and left-upper-extremity radiculopathy claims should be remanded due to pre-decisional duty-to-assist errors.

The Veteran's GERD with hiatal hernia is granted an initial disability rating of 10 percent, effective February 1, 2017. The Veteran's cervical strain is denied a higher initial disability rating.

The Veteran's cervical strain is currently rated at 30 percent, effective July 10, 2019. The Board has granted this rating and remanded the issues of increased ratings for left and right upper extremity radiculopathy.

The Veteran's acquired psychiatric disability, diagnosed as major depressive disorder, is granted service connection. Service connection for chronic cervical spine pain and chronic low back pain is denied.

The Board has remanded the Veteran's claims for service connection for various wrist, knee, shoulder, and elbow disabilities due to outstanding medical records not being considered in the original decision.

The Veteran's non-Hodgkin's lymphoma is rated at 100% due to remission. Service connection for bilateral hearing loss, tinnitus, psychiatric disorder (chronic pain/mental health), right hip disorder, left hip disability, and cervical strain are all denied.

The Board has granted the Veteran's claims for service connection for right shoulder condition, cervical spine condition, and right upper extremity nerve damage. The claim for service connection for right wrist carpal tunnel syndrome is remanded.