Neck / cervical spine decisions — 2024

The Veteran's service-connected PTSD with depressive disorder does not meet the criteria for SMC based on aid and attendance due to his ability to dress, feed himself, and perform daily activities. He is also not considered housebound due to his service-connected disabilities.

The Board has granted service connection for right knee strain, left knee strain, low back disability, neck disability, left elbow disability manifesting as pain and numbness, and right elbow disability manifesting as pain and numbness. The claims are based on the Veteran's reported symptoms in service and their persistence since separation.

The Board has granted service connection for a lumbar spine disability and a cervical spine disability, finding that the Veteran's symptoms are related to his in-service duties.

The Board has granted service connection for cervical strain and right shoulder strain, finding that the Veteran's current conditions are at least as likely as not related to his in-service injuries.

The Board has granted service connection for a back condition and a neck injury, finding that the Veteran's conditions are related to in-service injuries. The decision also denied service connection for memory loss, residuals of concussion, TBI, and acquired psychiatric disorder.

The Board has remanded five claims for increased ratings due to the need for a new VA examination to assess the severity of the Veteran's service-connected disabilities, including degenerative arthritis and knee conditions.

The Board has remanded the claim of service connection for gastroesophageal reflux disease (GERD) due to a failure to obtain a VA examination. The other claims remain denied.

The Board has determined that new and relevant evidence has been received for the Veteran's claims of service connection for various disabilities, including cervical spine disability, right shoulder disability, right wrist disability, right hand disability, respiratory disability other than obstructive sleep apnea, and headache disability. The claims are being remanded to allow for further development.

The Veteran's claims for service connection are being remanded due to duty-to-assist errors and potential PACT Act exposure issues.

The Veteran's cervical spine, left shoulder osteoarthritis, right shoulder arthralgia, bilateral hip limitation of flexion and extension, bilateral knee limitation of flexion and extension, and bilateral ankle arthralgia have been granted service connection with effective dates starting from January 17, 2013.

The Board denied the Veteran's claims for service connection of a cervical spine disorder and for a temporary total rating (TTR) due to hospitalization related to a service-connected disability. The Board found no in-service injury or disease related to the cervical spine, and thus denied both claims.

Service connection for cervical cord compression is denied.,Service connection for sinusitis as secondary to service-connected migraines is granted. An increased disability rating in excess of 10 percent for hypertension is denied.

The Veteran's sleep apnea is granted as secondary to service-connected disabilities, specifically his cervical spine degenerative disc disease and obesity. The initial ratings for the neck condition, bilateral upper extremity radiculopathy, and back condition are remanded.

The Board granted service connection for back, right knee, left knee, and right hip disorders, but denied service connection for a cervical spine disorder, hypertension, coccyx disorder, and hearing loss in both ears. The appeal was also remanded for further action on several other issues.

The Board has remanded the Veteran's claims for service connection and rating determinations due to incomplete development, including a missing medical report and an addendum opinion on the nature and etiology of his TBI. The AOJ is instructed to obtain the missing report and provide an addendum opinion addressing whether the Veteran has a current disability related to a TBI and if so, whether it is related to service.

The Board has remanded several issues related to the Veteran's service connection claims, including cervical spine disability, left forehead scar, bilateral hip disability, right shoulder nerve damage as secondary to his cervical spine disability, migraines, and pes planus. The Veteran must be afforded VA examinations on these matters.

The Board has remanded the Veteran's claims for service connection due to new evidence and a need for additional medical opinions.

The Board has remanded the Veteran's claims for service connection due to procedural errors and inadequate development of his exposure to herbicide agents.

The Board has determined that there were duty to assist errors in the development of the Veteran's claims prior to the October 2022 rating decision on appeal. The AOJ obtained VA medical opinions addressing the etiology of the Veteran's claimed disabilities, but these opinions are deemed inadequate as they did not consider the competent and credible lay evidence provided by the Veteran.

The Board has decided to remand the Veteran's claims for increased ratings for cervical and lumbar spine disabilities due to inadequate VA examinations. The case will be returned for further evaluation.