Neck / cervical spine decisions — 2024

The Board has decided to remand the claim of service connection for a neck disability due to lack of VA examinations and incomplete medical records. The Veteran's reports about in-service injuries and symptoms are considered, but an examination is needed to determine if there is a relationship between his current condition and service.

The Board has remanded the Veteran's claims of service connection for a back disability, neck disability, bilateral eye disability, and right knee disability due to the need for additional VA examinations.

The Veteran is granted higher levels of Special Monthly Compensation (SMC) at rates based on loss of use of both hands and need for regular aid and attendance due to service-connected disabilities.

The Board has granted service connection for cervical spine spondylosis, superimposed upon mild congenital stenosis, with associated right upper extremity radiculopathy. The Veteran's lay statements and medical literature support the conclusion that his current condition is related to parachute jumps during active military service.

The Veteran is granted an effective date of April 30, 2021 for the 50% rating for bilateral pes planus.,The Veteran is granted an effective date of April 30, 2021 for the 30% rating for cervical strain.,The Veteran is granted an effective date of April 30, 2021 for service connection for left upper extremity of the middle radicular group as part of her cervical strain claim.,The Veteran is granted an effective date of April 30, 2021 for service connection for right upper extremity of the middle radicular group as part of her cervical strain claim.,The Veteran is granted an effective date of March 8, 2022 for a 40% rating for lumbosacral strain.

The Board has found a clear and unmistakable error in the AOJ's finding of a nexus between the Veteran's cervical spine disability and service. The AOJ did not consider the full report of the September 2021 cervical MRI, which is relevant to this claim. Therefore, the case must be remanded for the VA to obtain and associate the complete cervical MRI report with the claims file.

The Veteran's claim for service connection for toenail fungus was denied. The Board found no evidence of toenail fungus during service and insufficient medical evidence to establish a relationship between the condition and service.

The Board has remanded the claims for further development due to errors in notice and duty to assist.

The Board has determined that the Veteran's recurrent left wrist sprain residuals are service-connected. The remaining issues of service connection for various other disabilities have been remanded due to procedural errors.

The Board has denied service connection for cervical strain, lumbosacral strain, and bilateral shoulder rotator cuff tendonitis as there is no persuasive evidence of their onset during active service or a relationship to an in-service injury.

The Veteran's service-connected disabilities do not meet the criteria for an employment handicap, as he has overcome any impairments to employability through his education, work history, and transferrable skills. Therefore, VR&E benefits are denied.

The Board has remanded the claims for cervical spine disability with arthritis, lumbar spine disability with arthritis, radiculopathy of the right lower extremity, radiculopathy of the right upper extremity, radiculopathy of the left lower extremity, and radiculopathy of the left upper extremity due to inadequate opinions in the May 2023 VA examination.

The Board has remanded the claim for a lumbosacral or cervical strain disorder due to insufficient evidence and the need for an examination.

Your appeals for service connection have been dismissed as the Veteran has withdrawn his appeal.

The Veteran's claim of service connection for cervical spine strain is being remanded due to the need for additional medical evidence and an adequate nexus opinion.

The Veteran's service-connected disabilities did not preclude him from securing and following substantially gainful employment before January 6, 2017.

The Veteran's service-connected disabilities do not meet the criteria for special monthly compensation (SMC) based on aid and attendance or housebound status, as he does not require personal assistance from others and is not substantially confined to his dwelling.

The Veteran's claim for arthritis of the joints, including as a qualifying chronic disability under 38 C.F.R. § 3.317, was denied. The appeal is also remanded for further development.

The Veteran's cervical spine disorder and right hand 5th metacarpal strain were denied service connection.,A compensable evaluation for the right hand 5th metacarpal strain was also denied.

The Veteran's claims for service connection and increased ratings for various conditions have been denied. The Board found that the evidence did not support a higher rating for bilateral hearing loss, and there was no service connection established for most of the claimed conditions.