Neck / cervical spine decisions — 2024

The Board has determined that the VA did not provide proper development for the Veteran's claim of service connection for back pain, including lumbar and cervical spine pain. The case is being remanded to correct this error.

The Veteran's tinnitus is granted service connection. The Board finds it was a pre-decisional duty to assist error not to clearly identify the Veteran's periods of ACDUTRA and INACDUTRA, and remands for further action on dizziness (vertigo), gastrointestinal disorder, sleep apnea, back disorder, right shoulder disorder, right-hand disorder, left-hand disorder, headaches, and neck disorder.

The Veteran's claims for service connection for various conditions, including CFS, hypertension, GERD, hip arthritis, shoulder and knee conditions, ankle conditions, cervical spine and low back conditions, bilateral pes planus, and bilateral plantar fasciitis, have been denied. The Board found no evidence of current disabilities or a nexus to active duty service.

The Board has remanded the Veteran's claims for service connection due to errors in the pre-decisional duty to assist. The upper back condition claim is being remanded because of an inadequate opinion regarding the etiology, and a lack of VA medical records from or around 2000. The lower back disability claim is also being remanded as there was no direct service connection opinion obtained.

The Veteran's claims for service connection for cervical spine and lumbar spine DDD are being remanded due to procedural errors in the initial rating decisions. The Board will consider the evidence of record at the time of these decisions on a de novo basis.

The Veteran's cervical spine disability is rated at 20 percent from May 28, 2012, to June 30, 2014. The Veteran is also entitled to a higher rating of 30 percent for the period from August 1, 2014, to November 18, 2019.

The claims for service connection for a cervical spine disorder, thoracolumbar spine disorder, right shoulder disorder, and right foot tendonitis have been reopened but are remanded for further development.

The Board remands the claims for service connection for various disorders to provide the Veteran with a formal hearing and appropriate medical examinations.

The appeal was dismissed due to the Veteran's death while it was pending before the Board of Veterans' Appeals.

The Veteran's service-connected disabilities have prevented him from securing and following substantially gainful employment since October 1, 2015. The Board has granted a TDIU effective June 14, 2018.

The Board has remanded the claims of service connection for cervical spine and low back disabilities due to deficiencies in the February 2023 VA examiner's opinion. The Veteran must provide an addendum that addresses his reported injuries during service and considers his lay statements.

The Board has determined that the VA examinations provided for the Veteran's cervical spine, left side face and jaw, and left upper extremity disabilities were inadequate to evaluate his claims under the theory of direct service connection. The failure to provide adequate examinations is a duty to assist error. Therefore, these claims are being remanded.

The Veteran's cervical strain is remanded for further evaluation due to a lack of an adequate medical examination and opinion in the February 2022 rating decision.

The Board has dismissed all claims due to the Veteran's death, as it does not have jurisdiction to adjudicate the merits of these cases.

The Board denied eligibility for the direct payment of fees to the appellant from past due benefits awarded in a June 2022 rating decision granting service connection for degenerative disc disease of the cervical spine and bilateral upper extremity radiculopathy.

The Board has dismissed the appeals for service connection of cervical spine condition, left hip condition, right hip condition, and lumbar spine condition as these claims have been resolved in favor of the Veteran by a prior decision.

The Veteran's claim for SMC based on the need for aid and attendance prior to December 15, 2021 was denied as there is no evidence showing he required regular aid and assistance due to his service-connected disabilities.

The Veteran's claims for service connection are being remanded due to the need for additional development and medical opinions regarding his mental state at the time of misconduct, as well as obtaining relevant treatment records.

The Veteran withdrew his appeal seeking an initial rating in excess of 10 percent for service-connected bilateral glaucoma and service connection for other conditions. The appeal is dismissed.

The Veteran's cervical spine strain and sprain are related to service, while the low back disability is currently rated at 20 percent. The right lower extremity radiculopathy is not rated higher than 10 percent.,The Board found that the evidence does not support an evaluation in excess of 20 percent for the Veteran's low back disability.