Neck / cervical spine decisions — 2024

The Board has determined that the Veteran's claim for service connection for rhinitis must be readjudicated, as no new and relevant evidence has been submitted since the previous denial in November 2020. The remaining claims of service connection for intervertebral disc syndrome of the cervical spine with degenerative arthritis and spinal stenosis, left shoulder impingement syndrome, bilateral upper extremity radiculopathy, and obstructive sleep apnea (OSA) are remanded due to inadequate medical opinions.

The Board has granted the Veteran's claims for effective dates of July 16, 2012, but not earlier, for service connection for degenerative disc disease of the lumbar spine, cervical spine, and left lower extremity radiculopathy.

The Veteran withdrew the appeal for an earlier effective date for a 30 percent rating for cervical strain before the Board made its decision.

The Veteran's claims for service connection for lumbosacral strain and cervical strain, as secondary to lumbosacral strain, have been dismissed due to the death of the Veteran.

The Veteran's left ear hearing loss is currently rated as noncompensable (zero percent) due to the presence of a nonservice-connected right ear with Level I hearing acuity.,There is no evidence of current right ear hearing loss for VA purposes, and thus service connection for right ear hearing loss is denied.

The Veteran's sinusitis was granted a 10% disability rating effective March 1, 2017.,Effective December 30, 2010, the Veteran is entitled to service connection for right upper extremity cervical radiculopathy (numbness in the right hand).,Effective December 30, 2010, the Veteran is also entitled to service connection for left upper extremity cervical radiculopathy (numbness in the left hand).

The Board has granted service connection for sinusitis, right ear hearing loss disability, cervical spine disability, lumbar spine disability, radiculopathy of the right lower extremity, and radiculopathy of the left lower extremity on a presumptive basis under the PACT Act. The claims for these conditions are effective as of August 10, 2022.

The Veteran's appeal for increased ratings and service connection was denied. The lumbar spine disability is rated at 10 percent, right ear hearing loss at 10 percent, and the remaining conditions are not granted.

The Veteran's claims for increased ratings were denied as he refused VA examinations and did not provide good cause.

The Board has remanded the claims for service connection for tinnitus, right shoulder disability, thoracic disability, cervical disability, and sleep disability due to insufficient information about the Veteran's periods of active duty training (ADT) and inactive duty training (IDT).

The Board has granted service connection for Obstructive Sleep Apnea and has remanded the claims of service connection for Left-Hand Disability, Right-Hand Disability, and Cervical Spine Disability.

The Veteran's service connection claim for degenerative disc disease of the cervical spine has been granted due to aggravation during service. The Board found that the Veteran had a pre-existing condition and provided treatment, but his symptoms worsened during service.

The Board has granted service connection for neck disability manifested by limitation of flexion, finding the evidence approximately evenly balanced as to whether it is related to active duty service.,Service connection was denied for an acquired psychiatric disorder (depressive disorder) due to failure to report for a VA examination scheduled in conjunction with the original compensation claim.

The Board has granted service connection for a neck disability and a back disability, both characterized as cervical strain and lumbar and thoracic strain respectively. The decision is based on the Veteran's consistent lay statements about his military service and injuries sustained while serving as a paratrooper.

The Board has reopened the claims for service connection for right shoulder disability and left hip disability, including osteoarthritis. The lumbar spine and cervical spine disabilities have been granted.,The Veteran's right shoulder and left hip disabilities are being remanded for further evaluation.

The Veteran's right fifth distal interphalangeal joint (DIP) fusion with severe joint space narrowing of the right hand is granted as service connected. The Board finds all three elements of service connection are satisfied, including the in-service injury and continuity of symptomatology.

The Board has remanded the Veteran's claims for service connection for degenerative arthritis, cervical spine (claimed as neck disability), left knee strain, and right knee strain due to a lack of adequate rationale in the previous VA medical opinions.

The Veteran withdrew his appeals for all service connection issues, including left leg neuropathy, right leg neuropathy, sinus, rhinitis, asthma, bilateral hearing loss, tinnitus, thyroids, PTSD, diabetes, heart, right hemiparesis, cervical, and other conditions. The appeal is dismissed.

The Board has determined that the evidence is at least in equipoise as to whether the Veteran's left ankle, left knee, right hip, lumbar spine, and cervical spine disabilities are related to his service-connected motor vehicle accident. As such, service connection for these conditions is granted.

The Board has determined that the VA examinations for lumbosacral strain, cervical strain, and obstructive sleep apnea are inadequate due to a lack of information regarding baseline levels of severity and opinions on aggravation. The Veteran's service connection claims for these conditions are being remanded for further development.