Neck / cervical spine decisions — 2024

The Board denied service connection for chronic fatigue syndrome and did not readjudicate the claim of an initial evaluation in excess of 10 percent for cervical degenerative disc disease with neck strain due to lack of new and relevant evidence.

The Veteran's cervical spine disability was rated at 10 percent prior to January 17, 2022 and at 20 percent thereafter. The Board found that the current ratings were not appropriate.,The evidence did not show forward flexion of the cervical spine less than 15 degrees or favorable ankylosis.

The Veteran withdrew his appeal concerning several service connection and rating issues, including for tension headaches, bilateral pes planus, plantar fasciitis, arthritis, cervical spine strain with degenerative disc disease, chronic fatigue syndrome, left ankle fracture, right ankle fracture, and thoracolumbar spine degenerative disc disease with spinal stenosis and intervertebral disc syndrome.

The Veteran's low back disability is rated at 40 percent, and service connection for a neck disability is granted. The appeal regarding the higher rating for the low back disability was denied.

The Veteran's claims for effective dates earlier than November 10, 2021 are granted. The Board has also remanded the claim of service connection for left long finger extensor tenosynovitis.

The Veteran's claims for service connection of posttraumatic stress disorder, persistent depressive disorder, traumatic brain injury, right ear hearing loss, tinnitus, and migraine headaches were granted effective July 30, 2015. The claim for service connection of bronchitis was denied as there is no evidence of a current disability. Claims for cervical strain and rheumatoid arthritis are remanded due to duty to assist errors.

The Board has remanded the claims for bilateral foot disability, neck disability, and right knee disability due to a duty to assist error. The Veteran's periods of active duty, ACDUTRA, and INACDUTRA need to be confirmed, and etiological opinions are required.

The Veteran is granted special monthly compensation based on the need for regular aid and attendance due to his service-connected disabilities.,The Veteran is also granted special monthly compensation due to the need for higher level aid and attendance related to his traumatic brain injury.

The Board denied the Veteran's claims for service connection for a cervical spine disorder and a left hip disorder, finding that there was no evidence of a current disability related to service or a service-connected condition.

The Veteran's service-connected disabilities have rendered him unable to secure and maintain gainful employment, meeting the criteria for a TDIU from September 1, 2018.

The Board has granted the appellant's petition to reopen claims for service connection for PTSD, left ear hearing loss, asthma, lumbar spine condition, cervical spine condition, and bilateral shoulder condition. The appeal is mixed as some issues were granted while others were denied.

The Board denied the Veteran's claims for service connection for a neck disability and for a temporary total rating based on convalescence following his September 2017 neck surgery, finding that there was no service-connected condition to support these claims.

The Veteran's degenerative arthritis of the cervical spine is currently rated at 10 percent disabling. The Board found that the evidence does not support a higher rating as there was no limitation in forward flexion, muscle spasms or guarding, or ankylosis.

The Board has decided to remand the Veteran's claims for lumbar and cervical spine disabilities due to duty-to-assist errors, including a lack of an opinion addressing whether his current spinal conditions are related to in-service heavy lifting.

The Veteran's service-connected disabilities do not meet the criteria for an allowance for an automobile or other conveyance, and adaptive equipment, or adaptive equipment only due to lack of anatomical loss of hands or feet.

The Veteran's degenerative disc disease (DDD) of the cervical spine is related to his military service and granted as direct service connection.

The Board has dismissed the appeals regarding whether new and relevant evidence has been submitted for entitlement to service connection for various disabilities, including left ankle, right ankle, left knee, right knee, back, neck, obstructive sleep apnea, and traumatic brain injury (TBI)/concussion. The decision does not affect the Veteran's HLR.

The Board has remanded the issues of entitlement to increased ratings for tension headaches, multi-level DDD, cervical spine (neck condition secondary to facial nerve palsy), right upper extremity radiculopathy, and left upper extremity radiculopathy due to inadequate examination findings. The VA will schedule a new examination to address these issues.

The Board has decided to remand the case due to a lack of consideration of the Veteran's lay statements regarding his cervical condition and its onset. The VA examiner did not adequately consider these statements in their opinion.

The Veteran's claims for service connection for degenerative disc disease and arthritis of the spine, as well as left lower extremity radiculopathy, have been granted.,Service connection is established for degenerative disc disease and arthritis of the thoracolumbar and lumbar spine, cervical spine, and left lower extremity radiculopathy.