Neck / cervical spine decisions — 2024

The Board has remanded the claims for service connection due to inadequate VA examination and duty-to-assist errors. The Veteran's PTSD, cervical spine degenerative disc disease, lumbosacral strain, migraine headaches, and bilateral shin splints are all under review.

The Veteran's claim for higher initial ratings for cervical spine degenerative changes is being remanded due to a duty-to-assist error. The VA needs to obtain medical records from two air force base clinics.

The Veteran's cause of death was not service-connected, and his service-connected disabilities did not contribute substantially or materially to cause death.,The Appellant's income exceeded the maximum annual pension rate, preventing her from receiving survivor's pension.

The Veteran's appeal is remanded for additional development on the issues of service connection for a neck disability, radiculopathy of the left upper extremity, and radiculopathy of the right upper extremity. The TDIU issue is also referred to the Director for extraschedular consideration.

The Veteran's initial disability ratings for lumbar radiculopathy in both lower extremities have been granted at a 40 percent rating.,An increased disability rating for degenerative arthritis of the cervical spine is being remanded.

The Board has determined that the Veteran's cervical spine condition may be related to his service, but additional evidence is needed to make a determination.

The Board has remanded the case due to concerns about substantial compliance with a previous remand directive and the credibility of the Veteran's statements regarding an in-service injury. The claim will be reconsidered with an addendum opinion from an appropriate clinician.

The Veteran's claims for increased ratings of his cervical strain and left knee disabilities, as well as a TDIU claim, have been denied due to the Veteran's failure to report for necessary VA examinations.

The Veteran's claims for service connection for bilateral hearing loss and obstructive sleep apnea have been denied. The cervical spine disability claim is being remanded due to a duty-to-assist error.

The Board has decided to remand the case due to a failure to obtain an addendum opinion addressing the differences between the previous VA examinations and the private DBQ submitted by the Veteran. The Veteran should be scheduled for an examination to determine the severity of his service-connected cervical spine fusion disability since January 28, 2022.

The Veteran's claim for SMC based on housebound status is denied because he does not have a single service-connected disability rated at 100 percent, nor has he been awarded a total disability evaluation based on individual unemployability (TDIU) due to a single service-connected disability.

The Board denied the Veteran's claims for earlier effective dates for service connection of hypertension, left ankle strain, right ankle strain, cervical strain, rhinitis, sinusitis, and ear infection, otitis media as these conditions were not submitted within one year of his separation from service.

The Veteran's claim for service connection for high cholesterol has been denied as hyperlipidemia is not a ratable disability.,The Veteran's claims for service connection for diabetes and high blood pressure are remanded due to the need for additional medical opinions considering his lay statements regarding exposure to toxic substances during service.,The Veteran's claim for service connection for neck disability is also remanded as it requires an examination addressing his lay statements about lifting heavy equipment in service.

The Board has determined that the Veteran's cervical spine disability did not originate in service and is not otherwise etiologically related to his active service. Therefore, the claim for service connection for cervical spine disability is denied.

The Veteran's claims for service connection have been denied as there is no evidence of current disabilities or a causal link to his military service. The Board has also remanded several issues related to anxiety, depression with insomnia, PTSD, vertigo, and sleep apnea due to potential exposure to toxins during service.

The Veteran's claims for service connection for various conditions, including anxiety, PTSD, depression, allergies, a right leg disability, bilateral shoulder disabilities, carpal tunnel syndrome, hair loss, sleep apnea, and low back and neck disabilities are denied.,The Veteran's claim for service connection for tinnitus is also denied.

The Veteran's appeal for higher ratings on his service-connected back conditions and bilateral lower extremity radiculopathy was denied. The issue of TDIU, which was raised as part of the appeal, was also not addressed in the July 2023 HLR decision. In March 2024, a rating decision granted TDIU effective October 3, 2023.

The Board has dismissed the appeal due to a withdrawal by the appellant's authorized representative prior to the promulgation of a decision.

The Veteran's appeals for increased ratings for various service-connected conditions were denied. The Board found that the evidence did not support higher ratings based on current symptomatology.

The Board has denied service connection for stomach, neck, and right knee disabilities due to a lack of competent evidence establishing current disabilities or an in-service event, injury, or disease.