Neck / cervical spine decisions — 2024

The Veteran's entitlement to SMC at the housebound rate arose no earlier than receipt of her August 22, 2013, supplemental claim. The Board found that she met the criteria for the award of SMC at the housebound rate on the date of receipt of her August 22, 2013, supplemental claim.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for new examinations to assess the current severity of his service-connected disabilities.

The Veteran's claim for service connection for tinnitus has been granted. The claims for service connection for bilateral hearing loss, a bilateral eye disability, cervical spine disability (claimed as cervical strain), lumbar spine disability (claimed as lumbar strain), right knee patellofemoral pain syndrome, left knee patellofemoral pain syndrome, and bilateral plantar fasciitis are remanded. The claim for service connection for an acquired psychiatric disorder other than an insomnia disorder (to include posttraumatic stress disorder (PTSD)) is also remanded.

The Veteran's service-connected disabilities have precluded him from securing and following substantially gainful employment on an extraschedular basis from January 21, 2009 to May 30, 2013.

The Board has remanded the Veteran's claims of service connection for back, neck, right knee, and left knee disabilities due to insufficient evidence in the record regarding their onset during service.

The Board has granted service connection for a bilateral knee disability and a right shoulder disability, but has remanded the issues of service connection for cervical spine and bilateral hip disabilities.

The Veteran was found to be unemployable due to service-connected disabilities from September 30, 2011 to September 25, 2019. The Board determined that the service-connected conditions significantly impeded his ability to maintain substantially gainful employment during this period.

The Board has granted service connection for right shoulder impingement and degenerative AC joint disease, right eye disability (retinal disorder, cataracts, blepharitis, dry eye syndrome, macula scars of posterior pole), 4th and 5th left toe stress fracture residuals, and cervical spine disability. Service connection was denied for a right wrist/hand disability and left knee disability.

The Board has granted service connection for right shoulder degenerative arthritis, low back spondylosis/arthritic conditions, cervical spine degenerative arthritis, and sinusitis. The issues of service connection for right knee strain and left knee strain are remanded.

The Board has determined that the Veteran's appeal for increased ratings and TDIU is remanded due to procedural defects, including a failure to readjudicate the case after receiving new evidence. The Veteran will need to provide additional medical records and undergo a VA examination.

The Board denied the Veteran's claims for increased ratings for her cervical and lumbar spine disabilities, finding that they did not meet the criteria for higher ratings under the applicable rating schedule.

The Board has denied service connection for left and right ankle disabilities, as well as a claim for an evaluation in excess of 10 percent for degenerative arthritis of the cervical spine prior to February 3, 2020. However, beginning February 3, 2020, the Veteran is granted a 30% evaluation for this condition.

The Veteran's claim for service connection for a cervical spine disorder has been reopened due to the submission of new and material evidence. The case is remanded for further development, including obtaining medical opinions regarding the etiology of the Veteran's cervical spine disorder.

The Board has denied service connection for cervical spine and left knee disabilities, finding that the current conditions did not have their onset during or within one year after service and there is no evidence of continuity of symptomatology. The VA examiners provided opinions against the Veteran's claims.

The Veteran's appeal for a compensable rating for dermatitis was withdrawn by the Veteran.,Prior to July 14, 2023, the Veteran's cervical strain is rated at 10 percent. As of July 14, 2023, it is rated at 20 percent.

The Board has remanded the claim for a TDIU due to an inadequate examination of the Veteran's thoracolumbar spine disability, which impacts his ability to work.

The Veteran's cervical spine disability, left eye blepharitis, and kidney stones were denied service connection due to lack of evidence showing a nexus between the conditions and service.,The Veteran failed to attend multiple scheduled VA examinations without providing good cause.

The Veteran's traumatic brain injury, headaches, cervical stenosis and arthropathy with radiculopathy status post diskectomy, and lumbar spine degenerative disc disease are all granted as service connected.,Service connection is established for the Veteran's current disabilities.

The Veteran's cervical strain with degenerative arthritis of the spine is currently rated as 20 percent disabling. The Board has remanded this case for further development.

The Board has granted service connection for the Veteran's cervical spine disability and found that it was aggravated by a neck injury sustained during active duty. The temporary total rating under 38 C.F.R. § 4.30 is also granted.