Neck / cervical spine decisions — 2024

The Veteran's cervical DDD was granted a 20% rating from February 12, 2009, to September 3, 2019. Ratings in excess of 20% and 30% were denied for the periods from September 3, 2019, to September 13, 2022.

The Board has granted service connection for multiple sclerosis and its related secondary conditions, including neurogenic bladder, numbness in the upper and lower extremities, GAD, cervical myelopathy/IVDS, muscle pain and spasticity, vertigo, and fecal incontinence.,Service connection was also granted for rectal cancer pursuant to the PACT Act.

The Veteran's cervical spine, left ankle disorders (including arthritis), and right shoulder disabilities are granted. The Veteran's left and right ankle disabilities are also granted. However, the claims for service connection for degenerative arthritis of the left and right shoulders remain pending as additional development is needed.

The Veteran's initial rating for right shoulder impingement syndrome is denied as it does not meet the criteria for a higher than 20 percent rating. The ratings for neck condition, TMJ with bruxism, and GERD are also denied.

The Veteran's claims for effective dates prior to August 14, 2012, for the increased evaluations of his service-connected migratory arthritis conditions have been denied as it is not factually ascertainable that an increase in disability occurred.

The Veteran's claim for service connection for left ear hearing loss, cervical spondylosis, OSA, and sinus disorder is denied. The Board found no new and relevant evidence to support the claims.

The Board has granted the Veteran's claim for service connection for a neck disability, finding that his current diagnosis is due to injuries sustained during military service and resolving all reasonable doubt in his favor.

The Board has remanded the case due to unresolved issues regarding a potential clear and unmistakable error in a previous rating decision, as well as earlier effective date determinations for various service-connected conditions.

The Veteran's claim for an increased rating of cervical arthritis has been denied as the evidence does not support a finding that his disability warrants a higher evaluation.,The Veteran withdrew his appeal regarding an increased rating for right shoulder arthritis, and this issue is dismissed.,Service connection for tinnitus was denied because there is no credible evidence linking the current condition to service.

The Board has remanded the issues of service connection for a cervical spine disability and obstructive sleep apnea due to the need for a VA examination.

The Board has granted service connection for left and right restless leg syndrome, cervical disorder, cervical radiculopathy, hypogonadism, and sleep disorder. The effective date is March 23, 2010. Hypothyroidism was fully granted in a separate decision.

The Board has remanded the Veteran's claims for service connection for various disabilities, including back, neck, left leg, right leg, left hand neurological, left hand (other than a left hand neurological disability), right hand, left arm neurological, left arm (other than a left arm neurological disability), right arm, head injury, collarbone, left shoulder, and right shoulder disabilities due to the absence of service treatment records. The Veteran's statements regarding an in-service explosion are considered credible.

The Veteran's claims for service connection have been granted, with effective dates of January 27, 2017. The conditions are related to her service-connected psychiatric disabilities.

The Board has remanded the claims of service connection for cervical spine and bilateral shoulder disorders due to insufficient rationale in previous VA opinions. The Veteran's current conditions are being evaluated again with new examinations to determine if they are secondary to his service-connected lumbar spine disability.

The Veteran's cervical disability is rated at 30 percent since November 9, 2017. The effective date for this rating cannot be earlier than November 9, 2017.

The Board has remanded the claims for service connection for various disabilities, including as secondary to service-connected psychiatric disability. The case is returned to the RO for further development and examination.

The Board has remanded the claims for service connection due to insufficient medical opinions regarding the etiology of the Veteran's claimed conditions. The claims are not granted as there is no evidence that the conditions are related to active service.

The Board has determined that the agency of original jurisdiction (AOJ) failed to substantially comply with prior remand directives and has ordered another examination for the Veteran's cervical neck disability, right knee, and right hip disabilities. The appeal is being remanded for further action.

The Board has found that remand is needed due to the need for new medical nexus opinions regarding the Veteran's low back disability, including as secondary to his service-connected disabilities of bilateral pes planus and Morton's neuroma (also claimed as leg pain), and/or cervical spine arthritis.

The Board has remanded the claims for service connection due to a lack of VA examinations and new evidence received during the appeal period. The Veteran's combat service is considered, but further examination is needed to determine the etiology of his claimed disabilities.