Neck / cervical spine decisions — 2024

The Veteran's claim for a total disability rating based on individual unemployability prior to June 1, 2009 was denied as the percentage requirements for schedular entitlement were not met before that date. The effective date of TDIU is set at June 1, 2009.

The Board has remanded the cases due to duty-to-assist errors, including inadequate medical opinions and failure to consider toxic exposure. The Veteran's service-connected bilateral foot disability is conceded.

The Veteran's service-connected disabilities, including asthma, cervical spine degenerative joint disease, bilateral knee degenerative joint disease, left ear hearing loss, and lumbar spine degenerative arthritis, prevented him from obtaining and maintaining substantially gainful employment consistent with his educational and vocational experience. The Board granted TDIU effective September 25, 2018.

The Board has denied the Veteran's claims for service connection for PTSD, hypertension, a left-hand disability, and a neck disability due to lack of evidence linking these conditions to his military service or any incident therein.

The Board found that the severance of service connection for neck and bilateral upper extremity disabilities was improper, as there was no clear and unmistakable error in the original grant of service connection. The appeal is granted.

The Board has remanded the claims of service connection for cervical spine disability, lumbar spine disability, acquired psychiatric disability (including PTSD), and tension headaches due to insufficient evidence or inadequate examination opinions. The Veteran's claim for loss of teeth for compensation purposes remains denied.

The Board dismissed the Veteran's appeal for an earlier effective date of April 25, 2008, for service connection due to a failure to timely file a notice of disagreement.

The appeal with respect to asbestosis is dismissed. Service connection for tinnitus is granted, and a compensable rating for bilateral eye disability is denied. The appeals regarding hearing loss, an acquired psychiatric disorder, left shoulder disability, and upper back/cervical spine disability are remanded.

The Veteran's claim for service connection of cervical strain with degenerative arthritis of the spine and attendant bilateral upper extremity radiculopathy was granted, effective December 22, 2009.

The Veteran's ED is remanded for a VA medical opinion to determine if it is secondary to his service-connected lumbar spine disability and PTSD.,The Veteran's left hip and right hip disabilities are remanded for a VA medical opinion to determine if they are secondary to his service-connected lumbar spine disability.,The Veteran's left lower extremity and right lower extremity neurological disabilities are remanded for a VA medical opinion to determine if they are secondary to his service-connected lumbar spine disability.,The Veteran's cervical spine disability is not addressed in this decision as no theory of service connection was provided.

The Veteran's degenerative disc disease of the cervical spine status post fusion with associated bilateral upper extremity radiculopathy is granted as service-connected.,The Veteran's traumatic brain injury with associated chronic post-traumatic headaches is granted as service-connected.,The Veteran's tinnitus is granted as service-connected.

The Board has denied the Veteran's claims for service connection for cervical spine neck condition, left wrist condition, right wrist condition, and left knee condition. The cases are remanded for further development.

The Veteran's service connection claim for status post three disc replacement cervical spine was denied. Increased ratings were granted for intermittent radiculitis affecting the right and left L5-S1 nerve roots, but his lumbosacral strain with arthritis rating of 40 percent remains unchanged.

The Veteran's TBI appeal was dismissed as the Veteran withdrew her request for review.,Service connection is granted for cervical strain and spinal stenosis (neck condition), low back condition, tinnitus, and hemorrhoids secondary to service-connected IBS.

The Board has remanded the Veteran's claims for cervical stenosis and right hip strain, as well as her claim for TDIU due to pre-existing VA treatment. The AOJ must obtain non-privileged records related to the FTCA claim, provide an independent medical opinion regarding the Veteran's conditions, and ensure proper notice is given for the TDIU claim.

The Veteran requested to withdraw his appeal, and the Board has dismissed it.

The Board has granted service connection for lumbosacral and cervical spine strains, finding that the Veteran's conditions were caused by his active military service.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and potential errors in the initial rating decision. The issues include low back disability, bilateral lower extremity radiculopathy, neck disability, left hip osteoarthritis, and right hip osteoarthritis.

The Board has remanded the Veteran's claims for additional examinations and opinions to determine the nature, etiology, and severity of his claimed disabilities. The appeals are not about service connection via a presumption or reopening due to new evidence.

The Veteran has withdrawn her appeals regarding all issues related to service connection and rating for various conditions, including dental condition, GERD, right carpel tunnel syndrome/right upper extremity nerve damage, right shoulder condition, cervical strain, right upper extremity radiculopathy, tension headaches, and TDIU.