Neck / cervical spine decisions — 2024

The Veteran's TDIU claim is dismissed because he is already receiving a total schedular rating for his service-connected disabilities, and no single disability alone establishes unemployability.

The Veteran's right ear hearing loss is granted as service-connected.,There is no evidence of a current diagnosis or in-service event related to the claimed female sexual arousal, and thus service connection for this condition is denied.,Service connection for the right leg disability, left leg disability, right knee disability, and left knee disability is denied due to lack of an in-service disease or injury.,The Veteran's lumbar spine, cervical spine, right hip, and left hip disabilities are not granted as service-connected.

The Veteran's service-connected disabilities rendered him unable to secure or follow substantially gainful employment from December 2019 to March 5, 2020. As of March 5, 2020, the Veteran received a combined total rating of 100%, making the TDIU issue moot.

The Board has remanded the Veteran's claims for service connection for a traumatic brain injury, lumbar spine disability, and cervical spine disability due to insufficient evidence in the record. The Veteran was exposed to overpressure from firing mortars during service, which may have caused his current disabilities.

The Veteran's claims for radiculopathy of the right and left lower extremities have been granted. The appeal is dismissed as these issues are no longer in dispute.,Right ear hearing loss was denied due to lack of audiometric findings meeting VA criteria.

The Board has granted service connection for sleep apnea syndrome as secondary to the Veteran's service-connected cervical spine degenerative disc disease and depressive disorder. The decision also acknowledges that obesity may be an intermediate step between these conditions.

The Board has granted the Veteran's claim for service connection for sleep apnea as secondary to his service-connected musculoskeletal conditions with obesity as an intermittent step. The evidence shows that the Veteran's weight gain, which is a result of his service-connected musculoskeletal conditions, led to his diagnosis of sleep apnea.

The Veteran's cervical spine disability is granted as related to his active duty service.,The Veteran's pseudofolliculitis barbae is granted as began during his active duty service.

The Veteran's right ear hearing loss and TBI have been granted service connection. Service connection for left ear hearing loss, headache disorder, lumbar spine disorder, cervical spine disorder, right shoulder disorder, left knee disorder, and right knee disorder has been denied.

The Board finds that the Veteran's claims for service connection related to arthritis of the upper and lower extremities, as well as cervical and thoracolumbar spine conditions are remanded due to a pre-decisional duty to assist error. The claims were denied because there was no verification of exposure to toxins at Fort McClellan.

The Board finds that service connection is warranted for a right lung granuloma, as the evidence is at least in relative equipoise that it had its onset during active duty.

The Board has identified a pre-decisional duty to assist error and is remanding the case for further action, including obtaining SSA records.

The Veteran's claims for service connection have been remanded due to the submission of new and relevant evidence. The VA will now readjudicate these claims based on the additional evidence provided.

The Board has decided to remand the case due to deficiencies in the VA examination and lack of consideration of private treatment records. The Veteran's cervical spine disability is being reviewed again with additional evidence.

The Board has granted service connection for cervical spine stenosis with degenerative arthritis and intervertebral disc syndrome (IVDS) and spondylolisthesis, finding that the Veteran's current disabilities are causally related to his military service.

The Veteran's claim for service connection for cervical strain with cervical spondylosis was denied in August 2008, and he did not file a new claim until July 2018. The effective date of the grant of service connection is set at July 3, 2018.

The Veteran's claims for increased ratings for his service-connected degenerative joint disease of the thoracolumbar spine, cervical spine, and TMJ with osteomyelitis are being remanded due to inadequate VA examinations. The cases will be returned for additional development.

The Board has dismissed the appeals for service connection of cervical spine and lumbar spine disabilities due to the Veteran's withdrawal of his appeal.

The Board has identified deficiencies in the November 2020 VA examinations and finds that these constitute pre-decisional duty to assist errors. The Veteran's cervical spine and left hip disabilities need to be re-evaluated by VA examiners.

The Veteran's neck disability, including degenerative arthritis and spondylosis, was incurred in service. The Board granted service connection for this condition.