Neck / cervical spine decisions — 2024

The Veteran's service connection claim for post massive left frontal parietal intraparenchymal hematoma, which was not explicitly adjudicated in 1995, is granted with an effective date of April 22, 1995.

The Veteran's claim for a higher rating for cervical degenerative disc disease was granted prior to July 21, 2008, and the claim for service connection for a low back disability was remanded.

The Veteran's claims for service connection for a cervical spine disability, obstructive sleep apnea, and erectile dysfunction have been granted. The claim for ED is being remanded.,Service connection has been established for the Veteran's cervical strain.

The Veteran's claims for earlier effective dates prior to July 6, 2021, for service connection of cervical degenerative arthritis with intervertebral disc syndrome and upper extremity radiculopathy were denied.,An effective date prior to January 14, 2022, for a temporary total rating based on surgical or other treatment necessitating convalescence was also denied.

The Board has remanded the claims for increased ratings for cervical radiculopathy and degenerative joint disease, as there is evidence of moderate to severe symptoms affecting multiple nerve groups in both upper extremities.

The Veteran's cervical spine disability and right shoulder strain are granted service connection, while the right shoulder strain issue is remanded for further review.

The Board has decided to remand the Veteran's claims for erectile dysfunction, acquired psychiatric disorder, and cervical spine disorder due to potential errors in the previous VA examinations. The claims will be reviewed again with new evidence considered.

The Board has remanded the claims for service connection due to pre-decisional duty-to-assist errors, including failure to consider relevant medical evidence and VA examinations.

The Veteran has withdrawn his appeals regarding the increased ratings for tension headaches, degenerative arthritis of the lumbar spine, DDD of the cervical spine, and voiding dysfunction.

The Veteran's appeal for service connection for cervical strain and tension headaches has been dismissed due to the appellant's withdrawal of his appeal.

The Veteran's claim for an initial rating in excess of 30 percent for left upper extremity cervical radiculopathy was denied. The claim for an earlier effective date for the award of service connection for left upper extremity cervical radiculopathy was granted, but with a specific effective date of July 11, 2013.

The Board has remanded the case due to a need for a VA examination to determine the nature and etiology of the Veteran's cervical spine condition. The claim is being returned to the AOJ for further action.

The Veteran's claim for a higher rating for TMJ was denied as his interincisal range did not meet the criteria for a higher rating. The claim for an earlier effective date for TDIU and Dependents' Educational Assistance (DEA) was also denied, with the Board finding that the Veteran had stopped working on March 20, 2015.

The Veteran's claims for headaches, sleep apnea as secondary to headaches, and hyperhidrosis have been denied due to lack of evidence supporting a current disability or relationship to service.,The Veteran's cervical strain claim has been remanded due to the inadequate opinion provided by the VA examiner regarding the etiology of his condition.

The reduction of the rating for a right knee disability (based on limitation of flexion) from 10 percent disabling to noncompensable effective October 27, 2021, was improper and restored.,Entitlement to increased ratings for various disabilities remains pending.

The Veteran's claims for service connection for various conditions have been denied due to lack of evidence showing a current disability or a causal relationship to service.,Specifically, the Board found that hyperlipidemia is not considered a disability for VA purposes and pre-diabetes does not constitute a diagnosed disability. Obesity was also deemed not a disability for VA compensation purposes.

The Board has granted service connection for cervical and thoracolumbar spine conditions, but denied service connection for a left hip condition.,Service connection is granted for the Veteran's cervical and thoracolumbar spine conditions as they are considered to be directly related to his active-duty service.

The Veteran's cervical spine disability is granted a 30 percent rating prior to May 5, 2021 and denied any higher rating thereafter. The lumbar spine disability is granted a 40 percent rating since May 5, 2021 and denied any higher rating.

The Board has remanded the claims for increased ratings and TDIU prior to July 7, 2014 due to insufficient development of evidence.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development, including retrospective opinions on the severity of his disabilities during flare-ups and repetitive use.