Neck / cervical spine decisions — 2024

The Board has determined that the Veteran's cervical spine disorder, diagnosed as degenerative disc disease and cervical spondylosis with radiculopathy, is a result of his military service. Service connection for this condition is granted.

The Board has remanded the Veteran's claims for additional development due to outstanding VA and private treatment records, as well as incomplete or inadequate examination reports. The issues include service connection for various upper extremity neurological disorders, a right shoulder disorder, a lumbar spine disorder, breast reduction, and a cervical disorder (claimed as cancerous tissue).

The Veteran's claim for service connection for erectile dysfunction, hypertension, cervical spine degenerative arthritis, right and left tennis elbow, left shoulder arthritis, left hand neuropathy, right leg neuropathy, and left wrist carpal tunnel syndrome has been granted. The PACT Act expanded the presumptive exposure for hypertension to include veterans who were exposed to herbicide agents during service in Vietnam.

The Board has remanded the Veteran's claims for cervical spine, left ankle, right ankle, and obstructive sleep apnea disabilities due to inadequate VA opinions in previous examinations. The case is now pending for further development.

The Veteran's initial rating for his cervical spine disability and left upper extremity radiculopathy are being remanded due to inconsistencies in the May 2022 VA examination report. The Veteran will be afforded a new VA examination of his cervical spine disability, including clarification on the extent of additional limitation in range of motion during repetitive motion testing.

The Veteran's service-connected disabilities, in combination, precluded her from obtaining and maintaining substantially gainful employment since June 8, 2019.

The Board has decided to remand the case due to an inadequate medical opinion in a previous decision. The Veteran's claim for service connection for a cervical spine disability is being sent back for further development and consideration.

The Board has remanded several issues related to the Veteran's service connection claims, including those for tinnitus, cervical spine strain, lumbar strain and DDD, LLE radiculopathy, LUE radiculopathy, residuals of a chest contusion, and chronic fatigue syndrome. The effective dates for these awards are being reconsidered.

The Veteran's cervical myositis and degenerative arthritis of the thoracolumbar spine with bulging disc are currently rated at 30 percent and 40 percent, respectively. The initial 10 percent rating for right lower extremity radiculopathy from July 16, 2013 to June 13, 2023 is granted. From June 14, 2023 onwards, the Veteran's right lower extremity radiculopathy is rated at 20 percent. The case is REMANDED for further development regarding left lower extremity radiculopathy and TDIU.

The Veteran's cervical spine disability was granted a 30 percent rating prior to April 4, 2023 and denied any higher rating. From April 4, 2023, the Veteran is not entitled to a higher rating than 30 percent. The Board also granted entitlement to TDIU from January 1, 2019.

The Board has denied the Veteran's claims for recognition of his children, S. and L., as helpless children due to permanent incapacity for self-support prior to attaining age 18, based on insufficient evidence showing they were incapable of self-support at that time.

The Veteran's claim for SMC based on the need for regular aid and attendance is granted from April 30, 2014 to April 8, 2020. The other issues are remanded.

The Veteran's claims for service connection are being remanded due to the need for additional medical records and examinations. The Veteran asserts his conditions are related to incidents during service, including a fall from a tank while removing a canvas cover.

The Board has decided to remand the case due to incomplete development and need for additional medical opinions.

The Veteran's cervical spine disability, including strain and degenerative arthritis, is granted as service-connected. Secondary service connection for cervical radiculopathy is also granted.

The Board has granted service connection for cervical strain and right upper extremity cervical radiculopathy, finding that these conditions began during active duty service.

The Board has remanded the issues of service connection for a cervical (neck) disorder and a right foot disorder due to conflicting medical opinions and inconsistencies in the Veteran's statements regarding these conditions. The claims are being returned for further examination and opinion.

The Veteran's back disability is rated at 40 percent disabling from October 3, 2011, to January 23, 2016. His neck disability was previously rated as 20 percent disabling from October 3, 2011, to March 10, 2017, and 30 percent thereafter.

The Board has determined that the Veteran's service connection claims for a cervical spine disability and myofascial pain syndrome are remanded due to incomplete military records. The specific nature of her service-connected disabilities remains under consideration.

The Veteran's cervical strain, lumbosacral strain, and degenerative disc disease (DDD) of the lumbar spine are found to have started during service and continue to present. The Board has granted service connection for these conditions.