Neck / cervical spine decisions — 2024

The Veteran's appeal for increased evaluations of his headache disorder and cervical strain is remanded due to the need for clarification on functional loss during flareups and repetitive use.

The Veteran's service-connected disabilities, including degenerative joint disease of the cervical spine, right upper extremity radiculopathy, degenerative joint disease of the lumbar spine, and right lower extremity radiculopathy, have resulted in a combined rating of 60 percent as of March 15, 2019. The Board has granted an earlier effective date for TDIU to this point.

The Board denied service connection for a cervical spine disability and Gulf War medically unexplained chronic multi-symptom illness. The Veteran's cervical spine disability was not related to his in-service period, and the claim of Gulf War exposure was not granted.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and a duty to assist error. The issues include right shoulder, left shoulder, bilateral foot, gastroesophageal reflux disease (GERD), cervical strain with degenerative arthritis, and lumbosacral strain.

The Veteran's bilateral hearing loss does not meet the criteria for a compensable rating as defined by VA regulations.,The Veteran's rhinitis is rated at the maximum allowed and no additional manifestations are present, thus no higher rating can be granted.,The Veteran's arthritis of the right fifth digit has no manifestations not contemplated by the rating criteria.,Service connection for erectile dysfunction, residuals of a head injury, GERD, and cervical spine disability is remanded due to insufficient evidence in the record.,No new or material evidence was presented to reopen service connection claims for these conditions.,The Veteran's GERD is not related to his service, including head injuries sustained during service.,Service connection for a cervical spine disability is also remanded as there are no discussions of lifting and injuries related to the Veteran's duties in service.

The Veteran's claims of increased ratings for his left ear hearing loss, incision scar posterior neck, and cervical spine disability are denied. The claim for service connection for TBI is remanded.

The Veteran's cervical strain was rated at 10 percent from July 22, 2020. The rating was increased to 30 percent effective July 23, 2020, due to forward flexion of the cervical spine being limited to 15 degrees or less.

The Board has remanded the Veteran's claims for cervical spine, lumbar spine, and right drop foot disabilities due to insufficient evidence regarding their etiology. The AOJ is required to obtain a VA examination and provide medical opinions.

The Veteran's right arm/shoulder, neck, and back disabilities are granted as compensation under 38 U.S.C. § 1151 due to the April 2016 carotid endarterectomy (CEA) procedure.

The Board has remanded the Veteran's claims for service connection for cervical spine disability and sleep apnea due to insufficient evidence addressing both theories of entitlement.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not support a higher rating for cervical strain, and denied service connection for various shoulder disabilities, radiculopathy, lower back injury, GERD, and IBS.

The Veteran's claim for an initial 60 percent evaluation for service-connected GERD has been granted. The Board also remanded the claims for cervical spine disorder, right knee disorder, left knee disorder, left shoulder disorder, and right shoulder disorder.

The Veteran's lumbar spine disability was granted a 40% rating effective February 19, 2021.,Right wrist and costochondritis disabilities were each granted a 10% rating effective September 21, 2020.,Service connection for sleep apnea was established with an effective date of June 29, 2021.,Service connection for cervical spine disability was denied.,TDIU was granted.

The Veteran's claims for increased ratings and service connection have been remanded due to the need for additional development. The Board found no evidence of unfavorable ankylosis or incapacitating episodes, thus denying a higher rating for his neck disability.

The Board denied a disability rating in excess of 10 percent for the service-connected cervical spine sprain, finding that the Veteran's symptoms did not meet or approximate the criteria for a higher rating.

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities has been granted. The Board found that the Veteran meets the schedular requirements and is unable to secure or maintain substantially gainful employment.

The Board has remanded the claims of entitlement to service connection for varicose veins and neck disability, as secondary to service-connected conditions. The VA examinations are needed to address the etiology of these conditions.

The Veteran's claims for PTSD, depression, dizziness, light sensitivity, liver disorder, gynecological cyst, bladder disorder, headaches, allergies, hypothyroidism, cervical spine disorder, thoracolumbar spine disorder, left upper extremity peripheral neuropathy, right upper extremity peripheral neuropathy, left winged scapula, left shoulder disorder, right winged scapula, right shoulder disorder, left knee strain, right knee strain, and left ankle sprain were all denied as there was no evidence of a service connection for these conditions.

The Board denied service connection for chronic fatigue syndrome, neck disability, coccydynia, erectile dysfunction, left hip osteoarthritis, right hip osteoarthritis, left knee degenerative arthritis with arthroscopy and medial meniscectomy, left shoulder acromioclavicular joint osteoarthritis, right shoulder overuse syndrome, right elbow olecranon bursitis, and right elbow tendonitis. Service connection was granted for left shoulder acromioclavicular joint osteoarthritis.

The Veteran's claim for service connection for radiculopathy of the left upper extremity and cervical spine disability was granted with an effective date of March 9, 2021. However, his request for earlier effective dates for DEA benefits is denied as he does not meet the criteria for permanent total service-connected disability prior to that date.