Neck / cervical spine decisions — 2024

The Board has decided to remand the Veteran's claims for service connection for back and neck disabilities due to procedural issues, specifically regarding the use of the modernized review system (AMA).

The Board has granted service connection for tinnitus, finding that the appellant's symptoms started during her military service and are related to noise exposure.,Service connection is also granted for a cervical spine disorder with headaches and a lumbar spine disorder (DDD and IVDS), as new evidence supports reopening of these previously denied claims.

Service connection for tinnitus, MDD, GAD, and unspecified insomnia disorder as secondary to tinnitus is granted.,Service connection for a cervical spine condition and low back condition is granted.,Service connection for migraine headaches (secondary to tinnitus) is remanded.

The Veteran's appeals for initial ratings on GERD and a right shoulder disability, as well as the denials of service connection for alopecia, bronchitis, left elbow disability, right elbow disability, lentigo, sinusitis, bilateral hearing loss, and an acquired psychiatric disorder (PTSD) have been dismissed due to his withdrawal during a hearing before the undersigned. The Veteran's claim for service connection for an acquired psychiatric disorder (PTSD) has been granted.

The Veteran's appeals for service connection for a cervical spine disability and left upper extremity disability have been dismissed due to the Veteran's withdrawal of these claims during his November 2021 Board hearing.,The Veteran's claim for service connection for testicular cancer, low back disability, and compensation under 38 U.S.C. § 1151 has been remanded.

The Board has dismissed the appeals of three issues: entitlement to a compensable evaluation for status post open fracture of the right great toe, distal phalanx; entitlement to an evaluation in excess of 10 percent for cervicalgia prior to September 23, 2021 and in excess of 20 percent thereafter; and entitlement to service connection for hemorrhoids. The issues were dismissed due to the Veteran's opt-in to the VA's Rapid Appeals Modernization Program (RAMP) in July 2018.

The Veteran's claim for increased ratings for various spinal and nerve conditions has been granted, with specific ratings assigned. The claims are subject to the laws and regulations governing the award of monetary benefits.,A new rating decision grants a 20 percent initial rating for chronic lumbar strain with degenerative disc disease and disc bulges, osteoarthropathy and lumbar osteoarthritis from April 4, 2015 to November 21, 2023. The Veteran's condition is characterized by forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees.

The Veteran's PTSD, lumbar spine disability, bilateral lower extremity radiculopathy, cervical spine disability, and left knee disability are all granted. The effective dates for these grants are the date of claim (April 9, 2014 for PTSD, May 20, 2015 for other disabilities).

The Board has remanded several issues related to the Veteran's service connection claims, effective dates for various disabilities, and SMC at the housebound rate. The representative requested earlier effective dates for multiple conditions and disability ratings.

The Board has remanded the case due to insufficient information provided by a VA examiner regarding the Veteran's cervical spine disability during specific periods of time. The Veteran is seeking higher ratings for his service-connected cervical spine disability, but additional development is needed before a decision can be made.

The Board has remanded the issues of service connection for right shoulder disorder, left shoulder disorder, cervical spine disorder, and seizure disorder due to potential herbicide exposure in Thailand.

The Veteran's claims for higher ratings on several musculoskeletal and neurological disabilities are remanded due to the need for new VA examinations.

The Board has remanded the Veteran's claims due to incomplete development of his Social Security Administration (SSA) records and additional toxic exposure risk activity evaluations are needed. The issues on appeal include service connection for various disabilities, including joint and muscle pain, loss of balance and incoordination, dizziness, chills, hair loss, foot pain, chronic fatigue, and shortness of breath.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's cervical spine disability is secondary to her service-connected right hip and low back disabilities. The examiner needs to provide a clear opinion on this issue.

The Board has remanded the claims for further examination and medical opinions regarding the veteran's neck, right shoulder, and right upper extremity disabilities. The examinations must address whether these conditions are related to service, including deployment in Iraq.

The Veteran's claims for increased ratings and service connection were denied. The left knee disability claim was denied as the current rating is already at its maximum, and there is no evidence of instability or pain warranting a higher rating. For the cervical spine condition, the Board found that it is less likely than not related to his service-connected left knee disability. The head injury claim was also denied.

The Board has remanded the Veteran's claims for increased ratings for various joint disabilities prior to September 27, 2002 due to a need for further development and medical opinions.

The Board has found that there was not substantial compliance with the October 2023 remand directives and thus, the case is being remanded for additional development.

The Veteran's claim for a compensable rating for service-connected left ear hearing loss is denied. The claims of reopening service connection for cervical spine disability and right ear hearing loss, as well as the claims of service connection for lumbar spine disability (claimed as low back pain), right sciatic nerve pain, gastrointestinal disability (irritable bowel syndrome), migraine headaches, pseudofolliculitis barbae, obstructive sleep apnea, finger disability (right pinky finger dislocation), acquired psychiatric disability (depressive disorder), hair loss (alopecia), and skin rash are all denied. The Veteran's claim for service connection for a disability manifested by frequent urination or bladder incontinence and night sweats is also denied.

The Veteran's claim for an earlier effective date for service-connected sinusitis is dismissed.,New and material evidence has been received to reopen the claims of service connection for bilateral hearing loss and bilateral tinnitus, but these claims are denied.,New and material evidence has been received to reopen the claim of service connection for a cervical spine condition, but this claim is also denied.