Neck / cervical spine decisions — 2024

The Veteran's claims for higher ratings were denied. The Board found that the evidence did not meet the criteria for a rating more than 20 percent for lumbar degenerative arthritis with intervertebral disc syndrome (IVDS) and spondylolisthesis, or cervical degenerative joint disease (DJD) status post cervical fusion.

The Veteran is granted an earlier effective date of December 23, 2019, for the assignment of a 30 percent rating for her service-connected cervical spine strain.,The Veteran is also granted an earlier effective date of June 6, 2017, for the award of a TDIU (Total Disability Rating Due to Individual Unemployability).

The Board denied service connection for migraine headaches, residuals of head injury (TBI), and cervical spine disability (claimed as neck pain) due to the lack of evidence supporting a causal relationship between these conditions and active service.

The Veteran's lumbar spinal stenosis is granted as service connected.,The Veteran's appeals for increased ratings for cervical spine intervertebral disc syndrome and left upper extremity radiculopathy are dismissed.

The Board has granted service connection for a cervical spondylosis and discogenic disease as due to the Veteran's service-connected right shoulder disability, but denied service connection for radiculopathy of the bilateral upper extremities.

Service connection is granted for gastroesophageal reflux disease (GERD), hypertension, cervical strain, and left hamstring impairment. Service connection for chronic fatigue syndrome is remanded.

The Veteran's cervical strain is related to his active service and the claim for this condition has been granted. The claims for hypertension, TBI, back disability, migraine headaches, right knee disability, and left knee disability are remanded due to errors in the duty to assist.

The Veteran requested an earlier effective date for a 40 percent rating for cervical radiculopathy right upper extremity, but the Board found that the earliest date entitlement arose was April 1, 2019, which is after the date of receipt of his claim on September 19, 2012. Therefore, the appeal to have an earlier effective date denied.

The Board has determined that the Veteran's cervical and thoracolumbar spine disabilities are etiologically related to service, granting her claims for these conditions.

The Veteran's appeals for increased ratings for lumbar strain and cervical strain status post cervical fusion, as well as his claims of service connection for left knee strain, ganglion cyst excision without residuals, and residuals, right bicep muscle injury have been dismissed.,The Veteran's appeals for service connection for bilateral hearing loss and OSA have been granted on a limited basis due to the submission of new evidence.

The Veteran's service-connected unspecified depressive disorder (UDD) is granted a rating of 70 percent, but no higher. The issue of entitlement to total disability rating based on individual unemployability (TDIU) has been remanded.

The Veteran's death was not due to service-connected conditions, and the VA examiner's opinion did not address inconsistencies in the autopsy report. The case is remanded for an addendum opinion.

The Board has determined that the Veteran's current cervical spine condition, including cervical degenerative disc disease, intervertebral disc syndrome, and spinal stenosis, is at least as likely as not related to his reported motor vehicle accidents in service. As a result, the claim for service connection for a neck disability is granted.

The Board has granted service connection for obstructive sleep apnea, a left shoulder strain, and a cervical strain with an effective date of March 4, 2019. The decision finds that the Veteran's initial claims were filed on the incorrect form but can be reasonably construed as an intent to file.

The Board has remanded the Veteran's claims for service connection for various joint disorders, including left elbow, right elbow, left hip arthritis, right hip arthritis, left knee, right knee, left ankle, right ankle, left wrist, and right wrist disorders. The issues are related to whether these conditions were incurred or aggravated by active service.

The Board has remanded the claims due to duty-to-assist errors that occurred prior to the January 2020 rating decision on appeal. The RO is instructed to obtain additional VA treatment records and conduct further examinations for the Veteran's claimed conditions.

The Veteran's service-connected disabilities are of sufficient severity to produce unemployability as defined by regulation, and the Board has granted a total disability rating based on individual unemployability (TDIU).

The Veteran's claim of entitlement to service connection for cervical spine arthritis, claimed as neck injury, is being remanded due to a pre-decisional duty-to-assist error. The Board finds that the VA examiner's opinion was inadequate and requires another medical examination.

The Veteran's tinnitus and neck injury are both granted service connection, with the tinnitus being linked to in-service noise exposure and the neck injury found to be secondary to his service-connected lumbosacral strain.

The Board has granted service connection for right and left knee disabilities, as well as a cervical spine disability, all secondary to the Veteran's service-connected back and/or right ankle disabilities. The rating of 50 percent for bilateral plantar fasciitis is also granted from October 7, 2019.