Neck / cervical spine decisions — 2024

The Veteran's claims for bilateral hearing loss, tinnitus, an acquired psychiatric disorder (to include PTSD, anxiety, and depression), allergic rhinitis, chronic sinusitis, left elbow disability, right elbow disability, neck disability, colostomy, diverticulosis, bilateral foot condition, heart disability, hemorrhoids, left ankle disability, right ankle disability, left hip disability, right hip disability, left knee disability, right knee disability, left shoulder disability, right shoulder disability, left wrist disability, right wrist disability, back disability, colon polyps, prostate disability, and vertigo were denied as there is no evidence of current diagnoses or a causal relationship to service.

The Board has granted the Veteran's claim of service connection for a left shoulder disability and denied claims for right knee and neck disabilities. The claim for secondary service connection for erectile dysfunction is remanded.

The Veteran's cervical strain received a 20% evaluation effective October 18, 2021.,The Veteran's left shoulder impingement syndrome did not receive an earlier effective date than October 18, 2021.

The Veteran's claims for service connection for obstructive sleep apnea and eligibility to Dependents' Educational Assistance under 38 U.S.C. Chapter 35 were both granted effective as of October 5, 2020. The Board denied the requests for earlier effective dates.

The Board has remanded the Veteran's claims for service connection for various foot, hip, knee, and back disabilities due to a pre-decisional duty to assist error. The claims will be reconsidered with new evidence and medical opinions.

The Veteran's appeal is remanded for additional development, including obtaining a VA examination to address the severity and frequency of her cervical spine flare-ups and functional impairment.

The Board has remanded the case due to a lack of a VA examination, which is necessary to determine if the Veteran's cervical spine disability is related to service or his service-connected rucksack palsy.

The Board has remanded the Veteran's claims for service connection and increased rating as they are related to his periods of active duty. The cervical spine disability is being remanded due to inadequate examination, while the thoracolumbar strain requires a new VA examination.

The Board has determined that the Veteran's current cervical strain is at least as likely as not related to her in-service neck injuries, including from a car accident in March 1987. Therefore, service connection for cervical strain is granted.

The Veteran's cervical spine degenerative joint disease, degenerative disc disease, and intervertebral disc syndrome as well as his right lower extremity radiculopathy are found to have begun during service and are related thereto. Service connection is granted for these conditions.

Service connection for various conditions including bilateral shins, left ankle, left arm and elbow, lower back pain, neck pain cervical spine, rhinitis, right ankle, right arm and elbow, right hand, right hip, right shoulder scar, right wrist, sinusitis, sleep apnea, vertigo has been denied.,Service connection for tinnitus was also denied.

The Board has granted service connection for various conditions, including degenerative arthritis of the cervical and lumbar spine, right and left knee conditions, migraines, benign paroxysmal positional vertigo with dizziness and staggering, urinary dysfunction, bilateral upper and lower extremity radiculopathy, and bilateral pes planus with degenerative arthritis. The Veteran's statements and medical opinions supported these findings.

The Board has denied the Veteran's claims for service connection for bilateral hearing loss and sleep apnea due to a lack of evidence showing current disabilities. The right knee disability, neck disability, and major depressive disorder claims are remanded as there is insufficient medical opinion regarding their etiology.,The Board has also denied the Veteran's claim for service connection for major depressive disorder due to a lack of sufficient medical opinion regarding its onset during service.

The Board has remanded the Veteran's claims due to pre-decisional duty-to-assist errors, requiring additional development and examination.

The Veteran's claims for higher ratings for lumbosacral strain and cervical strain are being remanded due to a pre-decisional duty to assist error. A new VA examination is required to assess the current severity of these conditions.

The Board has granted service connection for cervical strain, right shoulder strain, and left hip disability. However, the Veteran's bilateral lower extremity neurological problems are remanded due to a lack of a VA examination.

The Veteran's claims for service connection for thoraco-lumbar myositis with IVDS, left ankle impingement, OSA, cervical spine disorder, left shoulder disorder, right shoulder disorder, left elbow disorder, right elbow disorder, left hip disorder, and right hip disorder have been denied.,The Veteran's claim for service connection for right ankle disorder has also been denied.

The Board denied the Veteran's claims of service connection for bilateral hearing loss, back disability, and neck disability. The evidence did not support a finding that these conditions were incurred in or caused by service.

The Board has decided to remand the Veteran's claims for cervical strain and headaches due to insufficient evidence regarding their relationship to service. A new VA examination is required to address the lay statements from fellow service members.

The Board has remanded the Veteran's claims of service connection for various musculoskeletal conditions, tinnitus, and hearing loss due to potential errors in the previous VA examinations. The claims are being returned for further development.