Neck / cervical spine decisions — 2024

The Veteran's claims for increased ratings and service connection for psoriasis, cervical dysplasia, allergic rhinitis, and chronic fatigue syndrome have been dismissed as the appeals are untimely.

The Veteran's claim for TDIU and Dependents' Educational Assistance (DEA) benefits is granted effective from February 6, 2014.,VA regulations dictate the specific circumstances and criteria which must be met before DEA benefits may be granted. As these criteria were not met prior to February 6, 2014, an earlier effective date for DEA benefits is not warranted.

The Board has decided to remand the case due to a lack of medical opinion regarding the etiology of the Veteran's neck condition. The Veteran is asked to provide an appropriate medical opinion.

The Board has decided to remand the case due to a duty to assist error in failing to provide adequate examinations with respect to the Veteran's claim of service connection for a cervical spine condition. The Veteran is seeking direct and secondary service connection.

The Board has denied the Veteran's claims for service connection for degenerative disc disease of the cervical spine and migraines, finding that there is no evidence to support a causal relationship between these conditions and his in-service fall from a flatbed truck.

The Board has granted the Veteran's claim for service connection for cervical spine degenerative arthritis with left upper extremity radiculopathy, which is secondary to his service-connected back disability.

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 conditions render him in need of regular aid and attendance, which is granted for special monthly compensation based on the need for aid and attendance.

The Board has remanded the case due to a claim for special monthly compensation (SMC) based on housebound status. The Veteran's service-connected disabilities do not meet the criteria for SMC under 38 U.S.C. § 1114(s), prior to August 10, 2022. However, the Board found that VA's duty to assist requires an examination to determine if the Veteran is housebound due to his service-connected disabilities.

The Board has remanded the claims due to inadequate VA examinations, and a new medical opinion is required.

The Board denied a rating in excess of 30 percent for the Veteran's cervical spine disability, finding that the current functional loss due to pain and repetitive use does not warrant an increased rating.

The Board has denied the Veteran's claims for service connection for an acquired psychiatric disorder, a skin disorder, and a cervical spine disability due to lack of evidence showing these conditions were incurred or aggravated by his military service.

The Veteran's service-connected disabilities have rendered him wheelchair bound and in need of nursing home care, regular aid and attendance to prepare his meals, assist with bathing and hygiene needs, and manage medication. The Board has granted special monthly compensation based on the need for regular aid and attendance but dismissed the claim for special monthly compensation at the housebound rate as moot.

The Veteran's cervical neck strain is currently rated at 20 percent, effective May 2021.,The Veteran's thoracolumbar strain was granted a 20 percent rating from January 4, 2021, to September 30, 2020.

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 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 Veteran's claim for a left elbow disorder is denied as there is no persuasive evidence of a current disability during or approximate to the appeal period.,Service connection for tinnitus is granted based on in-service noise exposure and credible testimony from the Veteran.

The Veteran was granted a TDIU from October 27, 2014 to August 12, 2020 due to his service-connected disabilities preventing him from securing and maintaining substantially gainful employment. The TDIU was denied for the period from August 13, 2020 as none of his service-connected disabilities alone meet the criteria for a TDIU.

The Veteran's initial claim for a higher rating for cervical spine disability was denied prior to October 13, 2021. From May 16, 2021, the Veteran received increased ratings of 40 percent for right upper extremity radiculopathy and 30 percent for left upper extremity radiculopathy.

The Veteran's initial ratings for his cervical spine and upper extremity radiculopathy disabilities have been granted, with a 20 percent rating for each condition. The higher ratings requested were denied.