Neck / cervical spine decisions — 2024

The Veteran's service connection claims for left shoulder strain, right shoulder strain, cervical strain with degenerative arthritis and spinal stenosis, and degenerative arthritis and degenerative disc disease of the lumbar spine status post discectomy are being remanded due to a duty to assist error.

The Board denied the Veteran's claims for earlier effective dates for the award of service connection for cervical spine disability, radiculopathy in both upper extremities, and residuals of head injury, as well as an earlier effective date for TDIU benefits.

The Board remanded the claims for readjudication and further development, as new and relevant evidence had been submitted since the prior denials.

The Board denied a compensable rating for bilateral hearing loss and a higher than 10 percent rating for bilateral foot porokeratosis in soles, metatarsalgia both feet. The claims for service connection for various disabilities were remanded.

The Board denied service connection for a neck condition as the evidence did not support that it began during active service or was otherwise related to an in-service injury or disease.

The Board has granted service connection for cervical spine intervertebral disc syndrome and lumbar spine strain, finding that the Veteran's symptoms are related to his active duty service.

The Board has remanded the claims for cervical strain and deviated septum due to insufficient information regarding qualifying service periods. The Veteran's periods of active duty, active duty for training (ADT), and inactive duty for training (IDT) need to be verified.

The Veteran's claim for service connection for cervical sprain was denied in the July 2011 rating decision, which became final. The effective date of January 3, 2020, is granted as per a June 2021 higher-level review decision.

The Veteran's claims for service connection have been remanded due to the need for additional medical examinations and records.

The Veteran's appeal for an earlier effective date for the grant of service connection for a cervical disability is dismissed.,The Veteran's claim for a rating in excess of 30 percent for his cervical disability was denied.

The Board has determined that the Veteran's claims for service connection for bilateral hip pain, right knee joint pain, left knee strain (previously rated as left knee joint pain), low back pain, and cervical spine condition are remanded due to a failure to obtain complete STRs and personnel records from his period in the Army Reserves. The Board also found that an adequate VA examination was not provided for these claims.

The Board has dismissed the appeals for service connection of cervical spine, left knee, and right shoulder disabilities due to the Veteran's withdrawal of his appeal.

The Veteran's claim for an earlier effective date for SMC HB was denied as the evidence did not show that he met the criteria for SMC HB based on his service-connected disabilities and unemployability.

The Board denied the Veteran's claim for service connection for cervical anterior cervical discectomy and fusion (ACDF) C6-7, finding that there is no medical evidence linking his current condition to his in-service injury. The Board also found that a presumption of service connection was not warranted.

The Veteran's cervical strain is rated at 10 percent, but no higher, for the entire appeal period. The rating is based on painful motion and limitations in range of motion.

The Veteran's claims for service connection were continuously appealed in the Legacy system since 2015, but he did not properly opt-in his concurrent Legacy appeal to the AMA system. As a result, he cannot utilize the effective date from the Legacy appeal stream.,The Board finds that AMA regulations do not permit the Veteran to utilize the September 2015 application date from the concurrent Legacy appeal stream.

The Veteran's claims for service connection for various disabilities, including TBI, vertigo, sleep apnea, and neurological impairment of the upper and lower extremities due to cold exposure, have been dismissed. The Board found that the Veteran does not have these conditions or their claimed causes.

The Veteran's claims for increased ratings and service connection were denied. The rating for residuals of postoperative right knee lateral collateral ligament strain remains at 10 percent, while other conditions are either not granted or remanded.

The Veteran's service connection claims for various disabilities are being remanded due to the need to obtain her Reserve service records and provide TERA opinions regarding certain conditions.

The Veteran's initial compensable disability rating for allergic rhinitis was denied.,The Veteran's initial disability rating in excess of 70 percent for PTSD was denied.