Neck / cervical spine decisions — 2024

The Board has dismissed the claims of service connection for bronchial asthma, left shoulder pain, degenerative arthritis of the spine (cervical spine degenerative joint disease with degenerative disc disease), and major depressive disorder due to a procedural defect in filing the Notice of Disagreement.

The Veteran withdrew their appeal concerning several service connection issues, including for cervical condition, right lower extremity condition, left lower extremity condition, left ankle condition, left plantar fasciitis, lumbar spine back condition, and bilateral hearing loss.

The Veteran's claims of service connection for bilateral upper extremity radiculopathy and a cervical spine disorder are being remanded due to duty-to-assist errors. Further development is required, including obtaining an April 2022 private medical examination and VA examinations addressing the natures and etiologies of the Veteran's conditions.

The Board has denied the Veteran's claims for service connection for a right wrist disability, cervical spine disability, and right ankle disability due to lack of evidence showing current disabilities. The claim for low back pain is remanded for further development.

The Veteran's service-connected disabilities do not preclude him from obtaining and maintaining substantially gainful employment.

The Veteran's claims for increased ratings and service connection have been granted, with effective dates of August 24, 2021. The Veteran now has a 40% rating for lumbosacral strain, 20% ratings for left carpal tunnel syndrome and cervical strain, and tinnitus is service connected.

The Board dismissed the appeal of the Veteran's claim for service connection for lumbosacral or cervical strain (spina bifida, also claimed as chronic, mechanical low back pain) because a supplemental claim was already pending before the AOJ.

The appeal for service connection of a neck disability is dismissed as it pertains to a separate appeal.

The Board has remanded the claims for tinnitus, neck disability, and back disability due to procedural errors in the VA examinations conducted in February 2022.

The Board has determined that the Veteran does not have a current cervical or lumbar spine disability and has not had one at any time during the pendency of the claim. The evidence is against finding an in-service injury, event, or disease related to these conditions.

The Veteran's initial increased ratings for cervical strain and PTSD are denied as the evidence does not meet the criteria for a higher rating under the applicable VA rating schedule.

The Board has denied the Veteran's claims for service connection for a cervical condition and left ankle condition due to lack of evidence showing a nexus between these conditions and his military service.

The Veteran's appeal for service connection for residuals of a gunshot wound of the left lower extremity and a left knee disability has been dismissed as moot due to full grants in prior decisions.,Service connection was granted for both conditions from February 2, 2018.

The Board has dismissed the Veteran's appeals regarding service connection for a prostate disability, as well as his claims for increased ratings for sciatic nerve radiculopathy left lower extremity, cervical spine degenerative disc disease, lumbar spine degenerative disc disease, and left ear hearing loss. The Veteran withdrew his requests for hearings and all of his pending appeals.

The Veteran's claim for an effective date prior to April 30, 2020 for the grant of service connection for migraines was denied.,The Veteran's claim for a disability rating in excess of 50 percent for migraines including migraine variants associated with cervical strain with IVDS to include C5-6 DDD, neck condition is also denied.

The Board has remanded the Veteran's claims for service connection for various recurrent disabilities of the cervical spine, hands, hips, and feet, all claimed as resulting from herbicide agent exposure during service. The VA examinations conducted were by nurse practitioners rather than medical doctors, which did not comply with the Board's instructions.

The Veteran's cervical spine disability is currently rated at 20 percent, but the Board has determined that it does not meet the criteria for a higher rating based on the current evidence.

The Veteran's cervical spine degenerative disc disease and spondylosis have been granted service connection. The Veteran's recurrent lumbar spine, right shoulder, and left shoulder disabilities are remanded for further evaluation.

The Veteran's claims for service connection and initial compensable rating for various conditions have been denied. The Board found that the evidence did not meet the criteria for a higher rating for restrictive lung disease, as his FEV-1 was within the range of 71 to 80 percent predicted.

The Veteran's appeal has been dismissed as he requested to withdraw his hearing request and the Board may only consider evidence up to 90 days prior to withdrawal.