Neck / cervical spine decisions — 2024

The Board has remanded the Veteran's claims for lumbosacral strain with spondylosis, arthritis, and disc degeneration and cervical spine spondylosis with moderate disc degeneration due to inadequate VA examination findings.

The Veteran's appeal for an earlier effective date of the 20 percent evaluation for right shoulder labrum tear with residuals is dismissed as the Veteran has already been awarded this effective date.,The Veteran's appeal for a higher initial rating for cervical strain is denied. The Veteran's cervical strain disability was rated at 10% from September 28, 2012, to June 30, 2020, and then granted a 30% rating from June 30, 2020, to September 10, 2021.

The Veteran withdrew all pending appeals, including those for higher ratings and service connection.

The Veteran's appeal for a compensable rating for hepatitis C prior to October 20, 2017, and in excess of 10 percent thereafter has been dismissed. The case is remanded for further development regarding the TDIU claim.

The Board has granted service connection for a cervical spine disability, but remanded the claim of service connection for sleep apnea due to inadequate examination and opinion.

The Veteran was granted TDIU benefits as of October 16, 2012. He also received SMC based on aid and attendance as of the same date.,An effective date of May 28, 2011, for TDIU benefits was granted.

The Veteran's initial evaluation for endometrial polyps with dysfunctional uterine bleeding and endocervical intramural fibroids is granted at 10 percent prior to December 16, 2022. The appeal for a higher evaluation after that date is denied.

The appeals for service connection for cervical spine disability, right hip joint replacement, and asbestosis are dismissed. Service connection is granted for emphysema (claimed as pleural lung damage).

The Veteran's low back disability is granted service connection, and the claims for knee and shoulder conditions are remanded due to insufficient medical nexus opinions.

The Board has remanded the claims of service connection for right foot, right knee, left knee, lumbar spine, and cervical spine disabilities due to duty-to-assist errors in obtaining relevant personnel records and providing supplemental opinions.

The Veteran's service connection claims for coronary artery disease, pre-ventricular contraction, and cervical dysplasia are granted. Service connection is denied for cervical dysplasia.

The Veteran's cervical strain caused his left and right upper extremity radiculopathy, which is now granted. The claims for nerve pain of the bilateral upper extremities are also granted.

The Veteran's claims for service connection and rating of various disabilities, including hearing loss, psychiatric conditions, sleep apnea, GERD, ulcers, prostate issues, hyperlipidemia, neck, back, ankle, elbow, eye glaucoma, foot, hip, shoulder, wrist, and knee disabilities are being remanded due to incomplete records and need for further development.

The Board has remanded the Veteran's claims for additional examinations to determine the current severity of his service-connected cervical spine strain, lumbosacral spine strain, and bilateral hip trochanteric pain syndrome. The issues are now pending before the Board.

The Board granted service connection for a neck disability, right upper extremity radiculopathy, and left upper extremity radiculopathy. The claims for an acquired psychiatric condition and TDIU were remanded.

The Veteran withdrew his appeals seeking earlier effective dates for the award of service connection for lumbar and cervical spine disabilities, a rating in excess of 10 percent for a lumbar spine disability, and a compensable rating for a cervical spine disability.

The Veteran's cervical spine degenerative disc disease, right knee degenerative joint disease, and left knee degenerative joint disease are all found to be related to service.,Service connection is granted for the Veteran's lumbar spine degenerative disc disease. The Board finds a need for a VA examination regarding his obstructive sleep apnea.

The Board denied effective dates prior to September 29, 2020 for the awards of a 20% rating for cervical spine degenerative joint disease and a 40% rating for lumbar spine degenerative disc disease with intervertebral disc syndrome.,The Veteran's claims were based on VA examinations conducted in November 2020 that showed worsening symptoms, including pain and limited mobility.

The Board denied an earlier effective date for the award of service connection for cervical spine disability due to clear and unmistakable error (CUE) in May 2004 and June 2004 rating decisions, finding no CUE.

The Board has dismissed the Veteran's claims for service connection due to a completed Supplemental Claim that superseded his initial appeal.