Neck / cervical spine decisions — 2024

The Board has dismissed the appeal of the character of discharge issue in the modernized appeals framework as it was already reviewed and remanded for development by the Board.

The Board has found that the VA examinations for the Veteran's cervical spine, thoracolumbar spine, and right upper extremity radiculopathy disabilities are inadequate due to a lack of range-of-motion testing during flares. The claims are being remanded for new VA examinations to address these issues.

The Veteran's right elbow tenosynovitis is granted service connection. The issues of left hand disability and bilateral hearing loss have been withdrawn from appeal.

The Veteran is eligible for special monthly compensation (SMC) prior to December 5, 2019 and from July 1, 2021 due to his cervical spine disability. His other service-connected disabilities have a total combined rating of 60 percent or more.

The Veteran's service-connected disabilities have precluded him from securing or maintaining substantially gainful employment, and the Board has granted a total disability rating based on individual unemployability.

The Board has remanded the Veteran's claims for increased ratings for his service-connected cervical spine disability and residuals of a stress fracture of the left tibia due to inadequate examinations conducted in June 2022. The Veteran is required to undergo new VA examinations that comply with the requirements set forth by the Court in Correia v. McDonald, 28 Vet. App. 158 (2016), and Sharp v. Shulkin, 29 Vet. App. 26 (2017).

The Board has denied the Veteran's claims for service connection for various conditions, including low back disability, right and left knee disabilities, left foot disability, headaches secondary to PTSD, peripheral neuropathy of upper extremities, herpes, cervical spine disability (secondary to PTSD), right and left hip pain, and hypertension. The only condition granted was an acquired psychiatric condition (PTSD, depression, anxiety and other stressor related disorder).

The Board has remanded the Veteran's claims for service connection for hypothyroidism, cervical spine injury, and hypertension due to non-compliance with prior remand directives.

The Veteran's TDIU claim is denied as he was employed in non-marginal employment with compensation above the poverty level prior to May 27, 2015.

The Board has denied the Veteran's claims for service connection for cervical and thoracolumbar spine disorders, finding that there is no evidence of a nexus between his current conditions and his military service.

The Veteran's cervical spine disability, including degenerative disc disease with neuropathy of the bilateral upper extremities, is denied as there is no evidence linking it to service.,The Veteran's bilateral carpal tunnel syndrome is denied as there is no evidence linking it to service.

The Veteran's tremors, fatigue, chronic headaches, and cervical dystonia are granted service connection due to exposure at Camp Lejeune. Service connection for hypothyroidism is remanded as the evidence does not support a link to contaminated water exposure. Right ear hearing loss is also remanded.

The Board has denied the Veteran's claims of service connection for cervical, lumbar, and thoracic spine disabilities due to a lack of evidence showing these conditions began during or were caused by his military service.

The Board has granted the appellant's claim for service connection for a cervical strain, finding that her current disability is caused by events during her active-duty military service.

The Veteran's claims for increased evaluations for cervical strain and bilateral pes planus were denied as the evidence did not support a rating in excess of the current 20 percent and 30 percent evaluations, respectively.

The Veteran's TDIU claim is remanded as the AOJ failed to refer it for extraschedular consideration due to his service-connected disabilities.

The Veteran's claims for increased ratings and service connection were denied. The cervical strain claim was denied as the disability did not meet criteria for a higher rating, while the migraine headaches and scar of the right knee claims were also denied due to lack of evidence supporting compensable ratings. The claim for service connection for bilateral flat feet was denied due to lack of new and relevant evidence.

The Board has determined that the Veteran's cervical strain is related to his active service, resolving all doubts in favor of the Veteran.

The Board has denied service connection for a left hand disability, right ear hearing loss, and several other conditions. The Veteran's claims for increased ratings have also been denied.

The Veteran's appeal is remanded due to the need for further evaluation and determination of service connection for kidney stones, which were not addressed in the original decision.