Neck / cervical spine decisions — 2024

The Board has found that additional evidence is needed to determine the etiology of the Veteran's cervical spine, low back, left hip, headache, and muscle pain disabilities as they may be related to her service-connected right hip disability.

The Board has decided to remand the claims for neck disability, erectile dysfunction, and gastroesophageal reflux disease (GERD) due to incomplete service treatment records.

The Veteran's migraines associated with cervical intervertebral disc degeneration are rated at the maximum allowable under VA regulations, which is a 50% disability rating.

The Veteran's cervical spine disability and associated left upper extremity radiculopathy are granted a uniform 30 percent rating, but no higher. The TDIU claim is also granted.

The Board has dismissed the appeal of service connection for a right wrist disorder, sleep disturbances, TBI, fatigue, bilateral ankle disorders, and a cervical spine disorder as they were fully addressed in a previous July 2024 decision.

The Board has granted service connection for cervical spine degenerative arthritis, right shoulder rotator cuff tear, right hip disability (iliopsoas tendinitis, strain, and trochanteric pain syndrome), left hip disability (strain and trochanteric pain syndrome), migraine headache disability, and obstructive sleep apnea on a direct basis.,The Board has also granted service connection for the Veteran's migraine disability and OSA secondary to his service-connected lumbar spine disability.

The Board has remanded the claims of service connection for neck disability, PTSD, and dental disability due to new evidence being added to the claims file since the March 2024 Supplemental Statement of the Case.

The Veteran's combination of service-connected disabilities, including major depressive disorder with PTSD, obstructive sleep apnea, irritable bowel syndrome, and multiple orthopedic conditions, prevents him from securing or following substantially gainful employment. Effective January 23, 2019, he is granted a TDIU rating.

The Veteran's service-connected patellofemoral syndrome, right knee and left knee have been denied increased evaluations.,Service connection for hydromyelia of the cervical spine is remanded due to failure to appear for examination.

The Veteran's service-connected disabilities, rated as 100 percent disabling, did not cause an impairment in her ability to obtain, maintain, or retain suitable employment. The Board denied VR&E services due to the Veteran's current employability and lack of demonstrated employment handicap.

The Board has determined that the Veteran's cervical spine condition is not related to service or a service-connected disability, and thus denied her claim for service connection. The gastrointestinal, upper respiratory, knee, hip, and foot disabilities are remanded due to inadequate examination and opinion.

The Veteran's TDIU claim was denied because the combined effect of his service-connected disabilities, not a single disability, prevented him from securing and following substantially gainful employment.

The Board has remanded the Veteran's claims for cervical spine disorder and obstructive sleep apnea due to insufficient opinions regarding the etiology of these conditions. The VA examiners did not adequately consider the Veteran's lay statements or provide a rationale for their negative opinions.

The Veteran's claim for an effective date prior to August 13, 2015 for cervical strain is denied.,The Board has found a pre-decisional duty to assist error in the award of service connection for left upper extremity radiculopathy and remands the case for further action.

The Veteran's claims for service connection for neck disability, right and left upper extremity radiculopathy, and a post operative neck scar are granted with effective dates of March 14, 2013.

The Veteran's claim for service connection of a heart condition and TDIU was denied. The Board found that the evidence did not support a finding that his current heart conditions were related to his active-duty service or any other service-connected disability.

The Board has decided that the Veteran's claim of entitlement to service connection for a neck disability should be remanded due to insufficient medical opinions and duty-to-assist errors.

The Veteran's appeal has been withdrawn by him and his representative before the decision was made. As a result, the case is dismissed.

The Veteran's acquired psychiatric disorder is granted as secondary to his service-connected disabilities, including left wrist, left thumb, left hamstring, neck, migraine, and GERD.,An increased rating of 30 percent for GERD with hiatal hernia, effective December 17, 2020, was granted. The Veteran's LUE radiculopathy and CTS were also granted an increased rating to 70 percent, effective the same date.

The Veteran's back disability is rated at 40 percent effective August 17, 2018. Service connection for hypertension, diabetes, rheumatoid arthritis, right foot disability, left foot disability, and right shoulder disability are denied. TDIU is granted effective July 30, 2018.