Neck / cervical spine decisions — 2024

The Board has remanded the claims for service connection due to errors in duty to assist and inadequate opinions. The Veteran's disabilities are related to his military duties, but there is conflicting evidence regarding their onset.

The Board has granted service connection for the Veteran's back and neck disorders, finding that it is at least as likely as not that these conditions are related to his military service.

The Veteran's claim for a 70 percent rating for PTSD and MDD was granted. The appeal of the cervical strain issue is dismissed due to procedural defects, and the thoracolumbar strain with IVDS issue is also dismissed as it was not properly appealed.

The Veteran's appeal has been dismissed as the appellant withdrew their appeal in October 2024.

The Veteran's claims for migraine headaches, allergic rhinitis, gynecomastia, neck disability, hemorrhage (of the face), hyperlipidemia (high cholesterol), vitamin deficiency, and major depressive disorder have been dismissed due to lack of new and relevant evidence.,The Veteran's claim for service connection for a right shoulder joint disability has been reopened.

The Board has granted effective dates of July 31, 2019 for the service connection of residuals of traumatic brain injury (TBI), a back disability, and a neck disability. The Veteran's claims were initially denied in February 1981 but were continuously pursued until they were readjudicated on July 31, 2019.

The Board has decided that the Veteran's claim of service connection for a cervical spine disability should be remanded due to a duty to assist error. The Veteran was not provided with a VA examination prior to the May 2021 rating decision, and this error is corrected by scheduling him for an examination.

The Veteran's service connection claims for various musculoskeletal and gastrointestinal conditions are granted. The claim for obstructive sleep apnea is denied.

The Board has determined that the Veteran's neck disability and back disability need further examination to determine their nature and etiology, as well as their current severity. The claims are being remanded for these purposes.

The Veteran's claims for increased ratings for his service-connected left hip, left shoulder, and cervical spine disabilities are being remanded due to the need for updated VA examinations.

The Veteran's increased ratings for lumbar and cervical spine disabilities are granted effective May 6, 2016.

The Veteran's bilateral dry eyes were granted service connection as they are believed to have been incurred during active duty.,Rating of 20 percent for right and left ankle sprains was granted, with the maximum rating available under current criteria.

The Board has granted service connection for cervical degenerative arthritis, left hip strain, bilateral knee strains, and bilateral elbow strains. The conditions are considered to have started during service and continued thereafter.

The Veteran's cervical spine disability was rated at 10 percent prior to October 2, 2017 and from December 1, 2017 to September 22, 2021. The appeal for a higher rating is denied. SMC based on need for regular aid and attendance (prior to September 15, 2022) was also denied. However, since September 15, 2022, the Veteran's entitlement to increased level of SMC has been granted.

The Veteran's cervical, left knee, and right knee strains are granted service connection. The claims for bilateral 5th digit numbness and tension headaches related to these conditions are remanded due to inadequate opinions.

The Veteran's ratings for cervical strain, left shoulder impingement syndrome, and lumbosacral strain were reduced from their previous levels due to improvement in the disability. The appeal is denied as these reductions are proper.

The Veteran's service connection claims for cervical strain, lumbosacral strain, and migraine headaches have been dismissed.,Service connection has been granted for adjustment disorder with mixed anxiety and depressed mood.

The Veteran's TDIU was granted effective December 1, 2016. The appellant received attorney fees based on past-due benefits awarded in the January 2022 rating decision for TDIU, but is not entitled to additional fees as he has already received the proper amount.

The Veteran's claim for service connection for sinusitis was denied as there is no evidence of a current diagnosis.,The remaining issues, including cervical spine disability, right foot disability, left foot disability, right ankle disability, left ankle disability, right hand disability, left hand disability, stomach condition (dyspepsia), and migraine headaches are all remanded for further review.

The Veteran's DDD of the cervical spine and radiculopathy of both upper extremities are granted as service-connected. The Board found that these conditions were incurred or aggravated by in-service injuries.