Neck / cervical spine decisions — 2024

The Veteran's cervical spine strain is currently rated at 20 percent, but does not meet the criteria for a higher rating due to lack of limitation of motion or ankylosis.,The Veteran's thoracolumbar spine strain with degenerative joint disease is currently rated at 20 percent, and also does not meet the criteria for a higher rating.

The Veteran's lumbosacral strain and cervical strain have been granted initial disability ratings of 10%, 20% respectively, with the lumbosacral strain rating increased to 40% effective May 8, 2023.

The Veteran is granted a total disability rating due to individual unemployability (TDIU) and the issue of increased ratings for cervical degenerative disc disease is remanded.

The Board has denied the Veteran's claim for service connection for bladder disability and remanded the issue of whether his cervical spine disability is aggravated by a service-connected back disability.

The Veteran's appeals for bilateral hearing loss and PTSD have been dismissed. The issues of service connection for tinnitus, cervical spine disability, and lumbar spine disability are remanded due to the need for additional development.

The Board has granted the Veteran's claims for service connection for painful urination, left thigh joint pain, and TMJ. These conditions were previously denied in a final rating decision from July 2017.

The Veteran's appeal for special monthly compensation based on aid and attendance is remanded due to the need for a new evaluation considering his service-connected disabilities.

The appeal seeking to reopen a previously denied claim of entitlement to service connection for a cervical spine disability with headaches is granted. The issue of service connection for the cervical spine disability and headaches (on the merits) is remanded.

The Veteran's claims for service connection for a gastric condition, back disability, and neck disability have been remanded due to insufficient evidence. The Board found that additional medical examinations are needed to determine the nature and etiology of these conditions.

The Veteran's PTSD claim is reopened, but service connection remains denied.,The Veteran's right foot disorder claim is reopened, but service connection remains denied.,Service connection for allergic rhinitis is granted based on chronicity of symptoms after separation from service.,Service connection for fibromyalgia is denied as there is no current diagnosis and the evidence does not support a link to service.,Service connection for left foot disorder is denied due to lack of in-service event, injury or disease.,Service connection for cervical spine disorder is remanded.,Small bowel intussusception claim is remanded.,Headache disorder (including migraine and tension) claim is remanded.,Thoracolumbar spine disorder claim is remanded.,Right lower extremity radiculopathy claim is remanded.,Left lower extremity radiculopathy claim is remanded.,Erectile dysfunction claim is remanded.,Undifferentiated spondyloarthritis (claimed as right shoulder pain, left shoulder pain, etc.) claim is remanded.

The Board has granted service connection for left ear hearing loss and cervical spine disability, but denied service connection for broken nose. The Veteran's right foot stress fracture is now rated at 10%.,Service connection was established for left ear hearing loss due to in-service noise exposure. Service connection was also established for cervical spine disability and broken nose (left nostril recurrent nosebleed) based on continuity of symptomatology since service.

The Board has remanded the cases for further development and examination, including scheduling VA examinations to address the Veteran's cervical spine disability, bladder incontinence, hypertension, left arm disabilities, and fibromyalgia.

The Board denied service connection for a cervical spine condition and a right shoulder condition, with the latter being denied as secondary to the former.,There is no evidence of a right shoulder condition in service or any nexus between the current right shoulder condition and service.

The Veteran's death was not due to his own willful misconduct, and he had a combined 70% service-connected disability rating at the time of his death. However, since none of his service-connected disabilities were rated as totally disabling, the criteria for Dependency and Indemnity Compensation under 38 U.S.C. § 1318 are not met.

Throughout the period on appeal, the Veteran's cervical spine disability warrants an initial rating of 20 percent. The low back disability was rated at 10 percent prior to July 21, 2023, and at 40 percent thereafter.

The Board has remanded the claims for a higher rating for the cervical spine disability and TDIU due to incomplete information in the September 2023 VA retrospective opinion.

The Veteran's appeals for earlier effective dates and service connection claims have been remanded due to insufficient development of medical records and exposure history.

The Veteran's right knee disability, cervical spine disability, migraine headache disability as secondary to service-connected cervical spine disability, and urinary urgency disability as secondary to unspecified anxiety disorder are all granted.,The appeal for teeth grinding has been withdrawn by the Veteran.

The Veteran's TDIU effective date is granted as of June 1, 2009. The Board found that the functional impairment from his service-connected disabilities prevented him from engaging in substantially gainful employment since that date.

PTSD service connection is dismissed.,Right and left knee disabilities are characterized by pain and limited range of motion in flexion and extension. The Veteran's right knee disability warrants a rating of 20 percent, but no higher, from December 10, 2020. Left knee disability also warrants a rating of 20 percent, but no higher, from the same date.,Cervical strain is characterized by pain and limitation of motion. The Veteran's cervical strain warrants a rating of 30 percent, but no higher, since December 10, 2020.,Lumbosacral strain is characterized by forward flexion limited to fewer than 30 degrees from the date specified. From that date, it warrants a rating of 40 percent, but no higher.,Left and right lower extremity radiculopathy are secondary to lumbosacral strain.