Neck / cervical spine decisions — 2024

The Board denied the Veteran's claims for service connection for a right shoulder disability and an upper back (cervical spine) disability, finding that there was no persuasive evidence to support these conditions were incurred or aggravated by service.

The Board has remanded the claims for right shoulder, left shoulder, right knee, left knee, and hip disabilities due to insufficient medical evidence. The Veteran's representative raised a new theory of entitlement that his claimed disabilities are caused or aggravated by his service-connected back and neck disabilities.

The Veteran's claim for service connection for an abscess is denied. The claims for service connection for a back disability, cervical spine disability, bilateral upper extremity radiculopathy, and bilateral lower extremity radiculopathy are remanded due to uncertainty regarding the Veteran's duty status during relevant periods of service.

The Veteran's appeal for an increased evaluation for migraine headaches has been withdrawn. Service connection for PTSD and adjustment disorder, unspecified, is granted. The denial of a compensable initial disability rating for IgA nephropathy with hypertension remains unchanged. Bilateral plantar fasciitis and cervical spine disability are both remanded for further review.,The Veteran's service connection claim for bilateral plantar fasciitis has been remanded due to unclear findings from the July 2018 VA examination regarding the right foot condition.

The Veteran's claim for service connection for headaches secondary to his cervical spine disability is granted. Other issues are remanded, and the effective date of TDIU is set prior to February 23, 2018.

The Veteran's claims for compensation under 38 U.S.C. § 1151 for hysterectomy and breast surgery residuals are denied as there is no persuasive evidence of misdiagnosis or improper treatment resulting in the conditions.

The Veteran's claim for service connection for a right knee disability is being reopened and granted.,Service connection for diarrhea as a qualifying chronic disability under the PACT Act is granted.,GERD, sinus disability, residuals of a nasal fracture, jaw disability, neck disability, and back disability are all remanded for further development due to the provisions of the PACT Act regarding toxic exposure risk activity (TERA).,Bilateral lower extremity radiculopathy secondary to service-connected back disability is also being remanded.,

The Veteran's right knee disability is granted as service-connected.,Service connection for cystic acne and its residuals, to include scarring, is granted. The Veteran's pre-existing condition was not aggravated by service.

The Veteran's service connection claims for degenerative arthritis of the cervical spine and post-operative left shoulder arthroplasty with rotator cuff repair are granted. The appeals for higher ratings for asthma, a disability of the right little finger, and a disability of the left fourth toe are dismissed.

The Veteran's claims for service connection for a cervical spine disability and hypertension prior to March 6, 2012 are denied.,The Veteran's claim for an effective date earlier than March 6, 2012, for service connection for a psychiatric disability is denied.

The Board has remanded several claims related to the Veteran's service-connected conditions, including PTSD, cervical spine degenerative arthritis, and radiculopathy of the left upper extremity. The claims are being returned for further development to obtain necessary medical records and ensure proper consideration.

The Veteran's TDIU claim for the purposes of special monthly compensation at the housebound rate is denied as there is no single service-connected disability that prevents him from securing and maintaining all forms of substantially gainful employment.

The Board has remanded the case due to insufficient rationale in the previous VA medical opinions and additional development is needed.

The Board denied the Veteran's claims for service connection for a right foot disability and a neck disability, finding that there was no evidence of continuity of symptomatology from service to diagnosis or any causal relationship between his current disabilities and service.

The Board has remanded several issues related to the Veteran's service connection claims and rating determinations due to new evidence being added to his file without a corresponding SSOC.

The Veteran's claims for service connection and increased ratings are remanded due to the need for additional examinations and opinions regarding his sleep apnea, cervical spine disability, right upper extremity radiculopathy, and left upper extremity radiculopathy.

The Veteran's appeals for increased ratings and service connection were dismissed due to voluntary withdrawals.,Service connection was granted for tinnitus, but denied for bilateral hearing loss.

The Board denied service connection for a cervical spine disability and compensation under 38 U.S.C. § 1151 for a cervical spine disability with associated neurological deficits of the left upper extremity, finding insufficient evidence to support these claims.,The July 2023 VA examiner concluded that there was no additional disability caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA.

The Veteran's claim for a chronic cervical strain is granted as his service connection is established due to the probative evidence linking it to his service.,The Veteran's claim for hypertension secondary to PTSD is also granted, supported by medical opinion and credible testimony.

The Board has remanded the Veteran's claims for cervical spine stenosis and an acquired psychiatric disorder due to service, as VA needs to provide a VA examination to determine if these conditions are related to her military service.