Neck / cervical spine decisions — 2024

The Board denied the Veteran's claim for special monthly compensation based on the need for aid and attendance of another person, finding that his service-connected disabilities do not render him in need of such assistance.

The Board has granted an effective date of June 19, 2022 for SMC and SMC (p) based on the Veteran's service-connected disabilities. The Veteran is also entitled to a higher rate of SMC benefits at the P-2 level due to additional independent service-connected disabilities.

The Board has granted service connection for lumbosacral strain, cervical strain, and tinnitus. The diagnoses are based on the Veteran's in-service injuries and post-service medical records.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence regarding the relationship between his disabilities and active service. The Veteran is required to undergo VA examinations to determine if any of his claimed conditions are related to his military service.

The Veteran's claims for cervical spine condition, bilateral upper extremity radiculopathy, and anxiety disorder were granted with effective dates of June 26, 2020.,An earlier effective date request for the 70% evaluation for unspecified anxiety disorder was denied.

The Board dismissed the appeals for service connection for various conditions, including migraines, urinary dysfunction, and knee and spine issues, due to an impermissible concurrent election under 38 C.F.R. § 3.2500(b).

The Veteran's claims for service connection were denied as there is no evidence of current disabilities or a direct relationship to service. The Board found that the Veteran did not have a current diagnosis of carpal tunnel syndrome, gastrointestinal disability, unspecified joint pain, rectal bleeding, tendonitis, right shoulder disability, or left shoulder disability.

The Board has reinstated the prior ratings for radiculopathy of the right upper extremity, left upper extremity, cervical strain with IVDS, and pes planus of the right foot due to a lack of evidence showing improvement in symptoms.

The Board remands the claims for service connection for cervical and mid/low back conditions to obtain a VA examination due to an inadequate June 2008 VA examination and x-rays, and new evidence of pain and functional impairment.

The Veteran's cervical spine stenosis and arthritis have been rated at 20 percent, but the Board has remanded to obtain a retrospective medical opinion regarding their severity.

For the period from December 27, 2018 to February 10, 2021, the Veteran's service-connected disabilities have prevented him from securing or following a substantially gainful occupation.,For the period from February 10, 2021, the Veteran's combined disability rating is 100%, and he has been granted TDIU due to his severe cervical spine condition.

The Board has remanded the Veteran's claims for service connection for sleep apnea and cervical degenerative disc disease (neck surgery) due to insufficient medical opinions regarding the etiology of these conditions. The VA is required to provide a disability examination and medical opinion for his claim for service connection for sleep apnea, considering total potential exposure through all applicable military deployments and service, as well as the synergistic and combined effect of all TERA exposures.

The Veteran's claim for service connection for bilateral hearing loss is denied as he does not have a current disability.,A 30 percent rating, but no higher, for GERD is granted. The Veteran has symptoms of considerable impairment of health and the evidence shows that his GERD causes considerable impairment of health.,The Veteran's cervical spine disability is rated at 10 percent as there is pain and some limitation of motion without more severe manifestations such as ankylosis or significant range of motion limitations.,The Veteran's thoracolumbar spine disability is rated at 10 percent due to the presence of pain and some limitation of motion, but without evidence of more severe manifestations like ankylosis or significant range of motion limitations.,The Veteran's TBI residuals are not shown to warrant a rating in excess of 10 percent as they do not meet the criteria for higher ratings under Diagnostic Code 8045.,The Veteran's psoriasis is not shown to manifest as characteristic lesions involving at least 5 percent of the entire body or requiring intermittent systemic therapy, thus preventing him from receiving a compensable rating.

The Veteran's claims for left foot pes planus, right foot pes planus, intervertebral disc syndrome of the cervical spine, and spinal stenosis with degenerative disc disease and arthritis of the lumbar spine were granted effective March 7, 2020. The Board found no earlier effective dates are warranted.

The Board remands the claims for service connection for various disabilities, including back, neck, shoulder, knee, and hip conditions, to correct a duty to assist error that occurred prior to the October 2021 rating decision on appeal.

The Board has remanded the case due to non-compliance with prior remand directives regarding the issue of entitlement to service connection for cause of death. The Appellant contends that her husband's death was caused by his mental state, specifically PTSD.

The Board has granted service connection for tinnitus and a neck disability, finding that the Veteran's current conditions are related to his military service.

The Board has decided to remand the claims of service connection for a cervical spine strain and a right elbow disability due to insufficient evidence in the August 2021 AOJ decision. The Veteran's reports about his injuries during service are considered, along with any new evidence that may be obtained.

The Board has denied service connection for tinnitus and remanded the issue of service connection for a cervical spine disability. The Veteran's tinnitus is not related to his active service, while the cervical spine disability may be related to service.

The Board has remanded the Veteran's claims for cervical and lumbar spine disorders, as well as related radiculopathy. The VA is required to obtain missing service treatment records and schedule a VA examination.