Neck / cervical spine decisions — 2024

The Veteran's appeal for an extension of her delimiting date for educational assistance benefits under Chapter 33 (Post-9/11 GI Bill) was denied because the evidence did not show that she had a physical or mental disability preventing her from pursuing education within the original period of eligibility.

The appeal of the issue of entitlement to service connection for bilateral plantar fasciitis is dismissed.,The appeal of the issue of entitlement to service connection for headaches is dismissed.,The appeal of the issue of entitlement to service connection for sciatica (left lower extremity radiculopathy) is dismissed.,The appeal of the issue of entitlement to service connection for cervical strain is dismissed.,The appeal of the issue of entitlement to service connection for left knee strain is dismissed.

The Veteran's claims for service connection were denied, and the Board found that no earlier effective date could be assigned due to failure to continuously pursue the claim within one year of the decision on appeal.

The Board denied service connection for bilateral plantar fasciitis, cervical spine disability, lumbar spine disability, hypertension, and sinusitis due to a lack of evidence showing current diagnoses or a link between the conditions and service.

The Board has granted a TDIU based on the Veteran's service-connected cervical spine disability and associated radiculopathy, as part of the November 2021 supplemental claim. The Appellant is eligible to attorney fees for past-due benefits awarded in the February 2022 rating decision.

Service connection is granted for left shoulder rotator cuff tendonitis, right shoulder rotator cuff tendonitis, left ankle deltoid ligament sprain, and right ankle deltoid ligament sprain.,Service connection is also granted for cervical strain and gastroesophageal reflux disease (GERD).

The Veteran's claims for higher initial ratings for various cervical, shoulder, and lumbar spine disabilities are being remanded due to incomplete service treatment records.

The Board has determined that the Veteran's current neck injury and related conditions are service-connected, as they were incurred during his active military service.

The Veteran's cervical spine disability is rated at 20 percent from October 15, 2018 to August 26, 2020. The appeal for an earlier effective date for Dependents' Educational Assistance is dismissed.

The Veteran's service-connected disabilities do not meet the criteria for financial assistance in purchasing an automobile or adaptive equipment, as he does not have a loss of use of his feet, hands, vision impairment, burn injury, ALS, or ankylosis of knees or hips.

The Veteran's claim for a certificate of eligibility for assistance in acquiring specially adapted housing is remanded due to the need for new VA examinations and further development of medical opinion evidence.

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

The Veteran's appeals for higher initial ratings for knee, left and right chondromalacia with degenerative arthritis, cervical paraspinal tendonitis with degenerative disc disease other than IVDS, and lumbar paraspinal tendonitis with degenerative disc disease other than IVDS were denied. The evidence did not show that the Veteran's conditions warranted a higher rating under applicable diagnostic codes.

The Veteran's appeals for increased ratings and service connection have been dismissed due to the withdrawal of his appeal by his authorized representative.

All issues of service connection for various conditions have been dismissed due to improper appeal or untimely submission.

The Board denied the Veteran's claim for service connection for a cervical injury as no new and relevant evidence had been received to warrant readjudication.

The Board has granted service connection for a cervical spine disability, but remanded the right knee disability claim due to inadequate medical opinions.

The Veteran's cervical spine disability is granted as secondary to the service-connected lumbar disability. The claim for chronic pain and insomnia are remanded.

The Veteran's claim for an initial 50 percent rating for an acquired psychiatric disorder is granted. The AOJ has been instructed to readjudicate the claim of service connection for a neck disability due to new and relevant evidence submitted by the Veteran.

The Board has remanded the claims for cervical spine condition, lumbar spine condition, right knee condition, and right ankle sprain to obtain new opinions. The claim for scar left eye/cheek is denied as no new relevant evidence was submitted.