Neck / cervical spine decisions — 2024

The Veteran's bilateral hearing loss is rated as noncompensable. The Board has remanded the cases for further examination and medical opinions regarding service connection for left knee degenerative arthritis and cervical spine strain.

The Board has decided to remand the case due to inadequate VA examination and medical opinion regarding the Veteran's cervical spine condition. The Veteran is seeking service connection for this condition, which he claims was incurred during his active duty.

The Board has granted the Veteran's claims for service connection for shoulder strain (claimed as left shoulder pain) and cervical strain (claimed as muscle spasm of neck and upper back), finding that these conditions are at least as likely as not related to his active-duty service.

The Board has remanded the Veteran's claims for service connection due to incomplete records and a need for additional medical opinions.

The Veteran's service-connected disabilities, including traumatic brain injury and PTSD, have resulted in the need for regular aid and attendance of another person. The Board finds it at least as likely as not that the Veteran is in need of such assistance due to his service-connected conditions.

The Veteran's appeals for earlier effective dates and increased ratings have been dismissed due to the Veteran's withdrawal of his appeals.

The Veteran's cervical spine disability was rated at 10% prior to December 30, 2015, and at 20% as of December 30, 2015. The Board denied an increased rating for the cervical spine disability.

The Veteran's claim for increased ratings for his service-connected cervical spine disability was denied. The VA examinations did not indicate any incapacitating episodes or other complications that would warrant a different rating.

The Veteran's degenerative joint disease of the cervical spine is considered to be aggravated by his service-connected right shoulder disability, and thus he is granted service connection for this condition on a secondary basis.

The Board has determined that new and relevant evidence has been received to reopen the claims for service connection for degeneration of lumbar intervertebral disc and cervical spinal stenosis. The claims are being remanded for further adjudication.

The Veteran's claim for a higher rating for tinnitus is denied as the current rating of 10% already reflects the maximum schedular rating available.,The Veteran's claim for a compensable rating for bilateral hearing loss is denied as her hearing acuity does not meet the criteria for a compensable rating under the applicable rating schedule.,The claims for service connection for right knee, left knee, low back, neck, right-hand, and left-hand disabilities are remanded due to new relevant evidence having been received since their last adjudication.,The claim for service connection for stress incontinence is remanded as new relevant evidence has been received since its last adjudication.,The claim for service connection for an acquired psychiatric disability is remanded as new relevant evidence has been received since its last adjudication.

The Board has dismissed the appeal due to the appellant's withdrawal of the appeal prior to the promulgation of a decision.

The Board has denied service connection for various conditions, including Achilles tendon disability, bilateral ankle disability, bilateral carpal tunnel disability, bilateral hip and thigh disability, peripheral neuropathy of the lower extremities, peripheral neuropathy of the upper extremities, cervical spine disability, gastroesophageal reflux disease (GERD), rhinitis/sinusitis, irritable bowel syndrome (IBS), and groin disability. The evidence does not support a finding that any of these conditions began during service or are otherwise related to service.,The Veteran did not provide sufficient information in his claims for the Board to determine if there were any presumptive exposures or other theories of service connection.

The Board has decided to remand the case due to insufficient medical opinion regarding the relationship between the Veteran's cervical spine disorder and his military service, as well as its relation to his service-connected peripheral neuropathy.

The Board has determined that the Veteran does not have a current diagnosis of left knee, right knee, or cervical spine disabilities.,Therefore, service connection for these conditions is denied.

The Board has withdrawn the appeals for left and right foot disabilities, urinary incontinence as secondary to service-connected disease or injury, and both hand disabilities. The issues of left and right hand disabilities are remanded due to lack of proper medical opinions.

The Board has remanded the claims for right shoulder strain and cervical spine strain due to a pre-decisional duty to assist error. The Veteran's service connection claims are being returned to the AOJ for further consideration.

The Board has denied the Veteran's claims for service connection for insomnia, neck disability, plantar fasciitis, right ankle disability, sciatica of the right lower extremity, and sciatica of the left lower extremity as there is no evidence of current disabilities related to service.

The Veteran's appeals for increased disability ratings have been dismissed due to his withdrawal of the appeals.

The Board has granted earlier effective dates of December 11, 2020 for service connection for cervical strain, right upper extremity radiculopathy, and right ankle status post medial malleolus fracture.