Neck / cervical spine decisions — 2024

The Veteran's service-connected lumbosacral strain is granted a 40 percent disability rating prior to March 17, 2023. A higher than 40 percent rating is denied from that date forward. The Veteran's service-connected degenerative cervical spine spondylosis and disc space narrowing are granted a 30 percent disability rating prior to March 17, 2023. A higher than 30 percent rating is denied from that date forward.

The Board has remanded the Veteran's claims for cervical spine, lumbar spine, and bilateral kidney disabilities due to incomplete records and need for additional examinations.

The Board has remanded the Veteran's claims for service connection for bilateral wrist disabilities, cervical spine disability, and left shoulder disability due to an undiagnosed illness. The reasons include a lack of in-service evidence and the need for addendum medical opinions considering the Veteran's allegations of rigorous activity during service.

The Board has remanded the Veteran's claims for cervical spine and low back disabilities, finding that a new VA examination is needed to determine if these conditions are secondary to his service-connected common headaches, bilateral shoulder glenohumeral joint osteoarthritis, and/or bilateral flatfeet.

The Veteran's claim of service connection for tinnitus was dismissed because a grant of service connection had already been made in a previous decision. The issue of service connection for the cervical spine disability is remanded due to an inadequate VA examination.

The Veteran's neck injury and upper extremity nerve pain are not service-connected due to lack of evidence showing a direct relationship to service or a service-connected condition.,There is no clear evidence that the Veteran's current conditions began during service, were caused by an in-service injury, or are related to his service-connected degenerative arthritis of the lumbar spine.

The Veteran's claim for an effective date prior to October 22, 2019 for a 20 percent rating for cervical strain with degenerative arthritis and associated right upper extremity and left upper extremity radiculopathy has been denied. The Board found that the evidence did not demonstrate a factually ascertainable increase in disability within one year prior to October 22, 2019.

The Veteran's initial compensable rating for a left knee scar is denied, and her restoration of a 20 percent rating for cervical spine disability, effective October 1, 2020, is granted. The ratings for higher evaluations for the cervical spine disability are remanded.

The Veteran's appeal for a compensable rating for bilateral hearing loss is denied. The Board has remanded several issues including service connection for various disabilities due to missing STRs and incomplete VA treatment records.

The Veteran's service connection for a left knee disability is denied. The Board finds that the current left knee disability did not manifest during or immediately after service and is unrelated to service. A TDIU from March 6, 2019 to August 4, 2020 is granted based on multiple service-connected disabilities resulting in an overall combined rating of 80 percent.

The Veteran's claim for a higher rating for sinusitis is denied, and his claims for TDIU prior to September 21, 2018 are also denied. His TDIU from September 21, 2018 is moot due to the grant of SMC at the S-1 level.

The Board has decided to remand the case due to a duty to assist error, requiring an updated VA examination to assess the current level of severity of the Veteran's cervical strain.

The Board has granted service connection for right and left hip conditions, as well as a cervical spine condition (claimed as a trapezius muscle condition), finding that these conditions are related to the Veteran's in-service fall.

The Veteran's neck disability is rated at 20 percent, which does not meet the criteria for a higher rating. The Board finds that his symptoms are adequately reflected in the current rating.,For migraine headaches, the Veteran has been granted a separate 50 percent rating, the maximum allowed under VA regulations.

The Veteran's neck and upper back disabilities, as well as her left upper extremity radiculopathy, are granted service connection.,However, the Veteran's right upper extremity radiculopathy, left lower extremity radiculopathy, right lower extremity radiculopathy, and right shoulder condition do not meet the criteria for service connection.

The Veteran's back disability was rated at 10 percent prior to March 19, 2020 and 40 percent thereafter. The rating for neck disability was also rated at 10 percent prior to March 19, 2020 and 30 percent thereafter.,The Veteran's back disability did not meet the criteria for a higher rating as it did not result in forward flexion limited to 60 degrees or less or a combined range of motion of the thoracolumbar spine limited to 120 degrees or less, even with consideration of functional loss.

The Board has decided to remand the case due to deficiencies in the VA examination report, and a new medical opinion is needed to determine if the Veteran's degenerative arthritis of the cervical spine is related to his service.

The Veteran's service connection claims for various conditions, including diabetes mellitus type II and erectile dysfunction secondary to DMII, are granted. However, the claims for cervical spine disability, lumbar spine disability, left shoulder disability, right shoulder disability, left hip disability, right hip disability, traumatic brain injury (TBI), and headache disability are remanded due to duty-to-assist errors.

The Board has remanded the Veteran's claims for cervical and lumbosacral strain disabilities due to inadequate reasons and bases in the consideration of VA examinations conducted in December 2017.

The Board has determined that there is insufficient evidence to substantiate a reasonable possibility that the Veteran is unemployable due to service-connected disabilities prior to October 19, 2011. The case is being remanded for referral to the Director of Compensation Service for extraschedular consideration.