Neck / cervical spine decisions — 2024

The Board has denied service connection for cervical spine, right hip, left knee, right knee, and left ankle disorders due to a lack of evidence linking these conditions to service or any service-connected disabilities.

The Veteran's sleep apnea is being remanded for a medical opinion to determine if it is at least as likely as not aggravated by the service-connected anemia with migraine headaches, cervicalgia with multilevel degenerative disc disease of cervical spine, and tinnitus.

The Board has remanded the claims for cervical spine disorder, lumbar spine disorder, and left hip disorder due to a lack of an examination at the time of the December 2021 rating decision.

The Veteran's claims for service connection have been granted, and the rating of 10 percent has been assigned.

The Board has denied the Veteran's claim for service connection for cervical strain, finding that it was not incurred in or caused by active service. The VA examiner concluded that diagnosed cervical strain is less likely than not incurred in or caused by active service due to the length of time between discharge and complaints of neck pain.

The Veteran's claim for SMC based on loss of use of the left hand is dismissed as it has already been granted. The Board finds that he meets the criteria for SMC by reason of need for regular aid and attendance due to his service-connected disabilities, including loss of use of the left hand. However, he does not meet the criteria for SMC based on housebound status.

The Veteran's claims for bilateral hearing loss and tinnitus have been granted. The denial of service connection for left ankle disability, bilateral foot disability, right ankle disability, left hand disability, and neck disability remains unchanged. The Board has remanded the issues regarding bilateral foot disability and right ankle disability due to a duty-to-assist error.

The Veteran's memory loss and lack of concentration are not related to service, as there is no evidence of an in-service event or continuous symptomatology since service.,There is no evidence linking the Veteran's GERD with nausea to his active duty service.

The Board has denied the Veteran's claims for service connection for a recurrent cervical spine disability, an increased rating for migraine headache, and a compensable rating for bilateral sensorineural hearing loss.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for additional VA examinations.

The Board has remanded the Veteran's claims for service connection for lumbar and cervical spine conditions due to inadequate VA examination opinions.

The Veteran's initial ratings for chronic kidney disease (60%) and cervical spine disability (30%) have been denied as the evidence does not meet the criteria for a higher rating under applicable VA regulations.

The Veteran's cervical spine disability is rated at a 20 percent rating effective May 18, 2015.

The Board has determined that the VA examinations and opinions are inadequate for rating purposes, necessitating remand to obtain new evaluations.

The Board denied the Veteran's requests for earlier effective dates for service connection and increased ratings, finding that the earliest effective dates were May 10, 2021 (for hysterectomy) and March 4, 2021 (for painful scar post cesarean).

The Board has decided to remand the Veteran's claims for increased ratings for his service-connected low back and cervical spine disabilities due to a failure to provide adequate notice of VA examinations.

The Board denied service connection for obesity/weight gain as secondary to bilateral knee disability, left ankle disability, and fibromyalgia. Service connection was granted for degenerative arthritis of the cervical spine.,The Veteran's claims regarding left ankle disability and fibromyalgia were denied due to lack of current disability evidence.

The Veteran's cervical spine disability is related to his combat activities as a wheeled vehicle mechanic and motor transport operator during active duty, and the Board has granted service connection for this condition.

The Veteran's TDIU was granted effective May 18, 2015. The Board found that this arose on May 18, 2015, which is later than the February 22, 2012 date of claim for service connection.

The Board has granted the Veteran's claims for service connection for a neck disability and a low back disability, finding that new evidence received since the previous denial supports these claims. The Veteran's symptoms of neck pain and low back pain were noted during his active duty service and have continued thereafter.