Neck / cervical spine decisions — 2024

The Veteran's current right foot injury and cervical spine disorder are found to have onset during his military service, warranting service connection for both conditions.

The Veteran's claims for service connection have been granted, but the effective dates are not established. The application to revise a March 1995 rating decision based on CUE is denied.

The Board has remanded the Veteran's claims for PTSD, neck condition, and right knee condition due to a lack of VA examinations addressing these conditions.

The Veteran's service-connected disabilities have prevented him from securing and maintaining substantially gainful employment, leading to a TDIU grant.

The Board dismissed the appeal of the Veteran's claim for a total disability rating due to individual unemployability (TDIU) as it was fully addressed in a previous decision.

The Veteran's claims for increased disability ratings for degenerative disc disease of the lumbar spine and cervical spine, both rated at 20 percent prior to May 4, 2011, were denied as his conditions did not meet the criteria for a higher rating.

The Board has remanded the claims for service connection and TDIU due to incomplete or inadequate opinions regarding the relationship between the appellant's service-connected knee disabilities and her claimed disabilities. The VA must obtain additional medical opinions addressing whether the non-service-connected disabilities would have been less severe but-for the service-connected disabilities.

The Veteran's cervical spine strain with DDD is rated at 40 percent, effective May 1, 2011. The rating for headaches remains at 10 percent. Service connection for a psychiatric disorder secondary to the cervical spine disability and bilateral upper extremity radiculopathy are remanded.

The Board has remanded the case due to issues with scheduling a VA examination for the Veteran's cervical nerve root compression disability. The examiner is requested to determine if the condition is related to service, a service-connected disability, or exposure to Agent Orange during service.

The Board has determined that additional evidence was submitted and should be considered in the first instance. The Veteran's increased rating claims for lumbar spine, cervical spine, and right upper extremity radiculopathy disabilities are being remanded to allow for consideration of this new evidence.

The Veteran's service connection claims for various musculoskeletal disabilities are being remanded due to the need for further development and consideration.,Service connection is denied for right ear hearing loss, left ankle disability, right ankle disability, left hip disability, and right hip disability.

The Board denied the veteran's appeals for increased ratings and service connection, as well as an earlier effective date for DEA benefits.

The Veteran's claims for diabetes mellitus type II, sterility, prostate cancer, ischemic heart disease, and migraine have been remanded due to the need for further review of the evidence.,Claims for cervical strain, lumbar strain, right knee condition, left knee condition, right upper extremity radiculopathy, left upper extremity radiculopathy, and left lower extremity radiculopathy are also being remanded.

The Board remands the claim for a neck disability to obtain an addendum VA opinion addressing the holdings in Spicer and Saunders.

The Board granted service connection for a cervical spine disability as secondary to the Veteran's service-connected low back disability and accompanying radiculopathy of the bilateral lower extremities.

The Veteran's appeal is remanded for the following reasons: (1) The RO failed to associate VA treatment records from a non-VA provider with the claims file, which constitutes a pre-decisional error. (2) The issue of entitlement to a total disability rating based on individual unemployability (TDIU) was not developed prior to issuance of the June 2022 Supplemental Statement of the Case (SSOC).

The Board denied service connection for a neck disability, finding that the evidence did not establish a nexus between the Veteran's current condition and his military service.

The Board has determined that the Veteran's neck disability is related to his service-connected right shoulder strain and remands the case for further development.

The Board has granted service connection for a lumbar spine disability and a cervical spine disability, finding that the evidence is at least in equipoise as to whether these conditions are related to the Veteran's active service.

The Veteran's cervical spine disability is restored to a 30 percent rating effective March 29, 2022.,A higher rating for right upper extremity radiculopathy and right shoulder disability is denied.