Neck / cervical spine decisions — 2024

The Board has decided that the Veteran's cervical strain disability is not related to his active service, and therefore remands the case for further review.

The Board has decided to remand the claim for service connection of headaches due to insufficient information regarding whether the Veteran's headaches are related to his service-connected conditions. The examiner is asked to clarify if the Veteran's headaches are caused by or worsened by his service-connected cervical spine condition and/or Best's Disease.

The Board has remanded the Veteran's claims of entitlement to compensation under 38 U.S.C. 1151 for back and neck disabilities sustained while participating in VA's Compensated Work Therapy (CWT) program due to falls on ice, as it is unclear if these falls resulted in additional disabilities.

The Veteran's service-connected disabilities do not meet the criteria for special monthly compensation based on housebound status as he is not permanently confined to his dwelling and immediate premises due to service-connected disabilities.

The Veteran's migraine headaches are granted service connection. The Board has remanded the issues of service connection for bilateral feet, bilateral knee, neck, back and right shoulder disabilities to include as secondary to his service-connected left shoulder disability.

The Veteran's service-connected cervical spine and radiculopathy disabilities render him incapable of performing the activities of daily living such that he requires care or assistance on a regular basis, leading to the grant of special monthly compensation based on aid and attendance.

The Veteran's low back disability is currently rated at 40 percent, the maximum schedular rating. The Board has found that this rating is appropriate based on the evidence of record.

The Veteran's claims for service connection for left and right shoulder degenerative changes, cervical spondylosis with radiculopathy of the upper extremities, and gunshot wound residuals were denied. The claim for radiculopathy of the right upper extremity was granted with an earlier effective date of October 17, 2017.,The Veteran's service connection claims for cervical spondylosis, degenerative disc disease; left upper extremity radiculopathy; and gunshot wound residuals were denied. The claim for residual scar posterior trunk was also denied.

The Board has decided to remand the case due to insufficient medical opinions regarding service connection for cervical strain and pain. The Veteran's claims are being returned for further examination and opinion.

The Board has remanded the claims for cervical spine injury, left upper extremity neuropathy, and right upper extremity neuropathy secondary to cervical spine injury due to insufficient evidence in the record. The Veteran's private treatment records have not been obtained.

The Board has remanded the claims for cervical spine disability, lumbar spine disability, and right shoulder disability due to a lack of service records and potential ACDUTRA injury. The Veteran is required to provide National Guard personnel and treatment records and VA examinations are needed to determine if these disabilities are related to the 1982 injury.

The rating reduction from 30 percent to 10 percent for cervical spine disability is restored. The Veteran's tinnitus claim is granted, and the remaining issues are remanded.

The Board denied the Veteran's claim for an earlier effective date for a total disability rating based on individual unemployability (TDIU) prior to May 2, 2016. The evidence did not show that there was an increase in disability during the one-year period before the date of the Veteran's claim.

The Veteran's claims for service connection for a left shoulder disability, right knee disability, and bilateral knee disability were denied. An effective date earlier than March 24, 2021 for the assignment of service connection for these disabilities is also denied.,An effective date earlier than October 12, 2015 for the assignment of a disability rating of 20 percent for a cervical spine disability was denied.

The Board has determined that there was a pre-decisional duty to assist error and remanded the case for an addendum VA medical opinion regarding the nature and likely etiology of any cervical spine disability, including arthritis and nerve damage.

The Board has remanded the claims for service connection due to incomplete service treatment records and inadequate VA medical opinions. The appellant's service records are not complete, and additional VA medical opinions are needed to address the etiology of his claimed disabilities.

The Board has dismissed all appeals seeking earlier effective dates for service connection and increased disability ratings, as the Veteran died during the appeal process.

The Board denied service connection for a cervical spine disability as it was not found to be secondary to the Veteran's service-connected back disability.

The Board denied the Veteran's claim for a TDIU due to his service-connected disabilities, as the evidence did not show that these conditions rendered him unable to secure and follow a substantially gainful occupation.

The Board has identified errors in the duty to assist and is remanding the case for further development of records, including service treatment records, VA medical center records, and private treatment records.