Neck / cervical spine decisions — 2024

The Veteran withdrew his appeal regarding the reduction in rating for degenerative arthritis of the cervical spine, so this issue is dismissed.

The Board has decided to remand the case due to a duty-to-assist error, requiring an addendum opinion on whether the Veteran's current cervical spine disability is related to service or his service-connected lumbar spine disability.

The Board has denied service connection for various conditions, including OSA, dry skin, hypertension, neck disability, right and left upper extremity nerve damage, right long finger disability, right hip disability, left hip disability, erectile dysfunction, right knee disability, left knee disability, right ankle disability, left ankle disability, right foot plantar fasciitis, and left foot plantar fasciitis. The Board found no evidence of current diagnoses or treatment for these conditions.

The Board has denied the Veteran's claims of service connection for cervical and thoracolumbar spine disabilities. The claim of service connection for bilateral hearing loss is not readjudicated due to lack of new and relevant evidence since a February 2019 rating decision. The Board has remanded the claim of service connection for thoracolumbar spine disability, as VA did not consider whether preexisting lumbar spine issues were aggravated by service or if the current condition is related to service.

The Board has denied service connection for hearing loss, right shoulder disorder, and left hand disorder. The claims of service connection for plantar fasciitis, cervical disorder, right ear disorder, jaw disorder, and bilateral hand wart disorder are being remanded.,The Veteran's assertions regarding the onset and etiology of his claimed conditions have been considered.

The Veteran's degenerative disc disease of the cervical and thoracolumbar spine was granted service connection as it is considered a direct result of in-service injuries.

The Board has dismissed the claims of entitlement to service connection for cervical spine condition, left hip condition, left shoulder condition, right hip condition, and right shoulder condition due to a lack of final appealable decisions by the AOJ. The claim of entitlement to service connection for headaches is remanded.

The Veteran's anxiety disorder and cervical strain were granted effective September 23, 2020.,Anxiety Disorder was rated at 70% disability rating from September 23, 2020. Cervical Strain was rated at 30% disability rating from the same date.

The Veteran's claims for service connection for a cervical spine disability and headache disability were denied.,An effective date of August 15, 2023, was assigned for the grant of service connection for a headache disability.

The Board has decided to remand the case due to a duty to assist error regarding an examination that did not adequately assess the severity of the Veteran's neck disability with repeated use over time.

The Board has determined that the Veteran's cervical strain was incurred in the line of duty during active duty service and granted service connection for this condition.

The Veteran's paraspinal muscle injury of the thoracic spine, degenerative changes of the cervical spine, and degenerative changes of the lumbar spine were all rated at 40 percent effective April 7, 2016. This was a reduction from noncompensable (0%) to 40%.

The Board has remanded the Veteran's claims for service connection for squamous cell carcinoma and cervical strain due to a duty-to-assist error. The AOJ must provide a VA examination and medical opinion regarding whether these conditions are related to active duty service, specifically Agent Orange exposure.

The Board has granted service connection for lumbar scoliosis on the basis that it was aggravated by service, and for cervical spine stenosis as a result of service-connected cervical spine stenosis. The Veteran's right upper extremity radiculopathy is also service connected due to his now service-connected cervical spine stenosis.

The Veteran is granted special monthly compensation based on the need for aid and attendance (SMC(l)) due to his service-connected disabilities. However, he is denied special monthly compensation based on housebound status (SMC(s)).

The Board has remanded the case due to a duty-to-assist error, requiring the Veteran to be afforded a VA examination and obtain a medical opinion regarding his cervical spine disability.

The Board has denied the Veteran's claims for service connection for lumbosacral strain with spinal stenosis, cervical strain with intervertebral disc syndrome and spinal stenosis, LLE radiculopathy with foot drop, and RLE radiculopathy with foot drop. The evidence of record does not support a finding that any of these conditions began during active service or is otherwise related to an in-service injury or disease.

The Veteran's service-connected disabilities do not render him unable to secure or follow substantially gainful employment consistent with his educational and occupational history.

The Veteran's claim for service connection for asthmatic bronchitis has been granted with an effective date of September 19, 2019. The other claims remain denied.

The Board has denied the Veteran's claims of service connection for sleep apnea, eczema, cervical disability, and back disability due to a lack of evidence supporting these conditions were incurred or aggravated by active service.