Neck / cervical spine decisions — 2024

The Board has granted the Veteran's claims for service connection for cervical spine, left hip, and right hip disabilities as secondary to his service-connected bilateral knee, ankle, and foot disabilities. The decision is based on evidence showing that obesity, a result of limitations in physical activity due to pain from these service-connected conditions, contributed to the development of these disabilities.

The Board has remanded the Veteran's claims for cervical spine disability, right shoulder disability, bilateral foot plantar fasciitis (claimed as bilateral foot condition), bilateral shin splints, right leg shin splints, and left leg shin splints due to pre-decisional errors in obtaining clinical records and VA medical opinions.

The Veteran's cervical strain and degenerative disc disease were found to have begun in service and are considered chronic. The Board granted the claim for service connection.

The Board has remanded several issues related to service connection for various conditions, including generalized anxiety disorder, GERD, IBS, rhinitis, sinusitis, dry skin/scars, a bilateral breast condition, pulled groin, vaginitis, irregular menstruation, cervical spine condition, left shoulder condition, right shoulder condition, wrist carpal tunnel syndrome, lower extremity nerve damage, ankle strain or Achilles conditions, and foot plantar fasciitis. The effective date for service connection for generalized anxiety disorder is denied prior to December 1, 2021.

The Board has denied service connection for a bilateral shoulder disability, right ear hearing loss, and left ear hearing loss. The Veteran's claims are remanded for further development regarding cervical spine and lumbar spine disabilities.,Service connection is not granted for the Veteran's claimed bilateral shoulder disability, right ear hearing loss, or left ear hearing loss due to lack of a current diagnosis.

The Veteran's appeal has been dismissed due to their death during the pendency of the appeal. The claims for service connection and increased ratings are not before the Board.

The Veteran's claim for left knee conditions was granted with an effective date of May 17, 2019. The claim for a cervical spine disability resulted in a 30% rating and effective date of November 10, 2021.,A TDIU was awarded on November 10, 2021, with an effective date of September 9, 2019. The issue of whether the TDIU should have been granted earlier is currently under review.

The Board has granted service connection for cervical spine stenosis and remanded the issues of a rating in excess of 10 percent for chronic low back strain with history of herniated nucleus pulposus, L4-5, and TDIU.

The May 28, 2008 rating decision denying service connection for cervical spine spondylosis is revised to grant it due to the clear and unmistakable error in not considering a current diagnosis of arthritis.

The Board has denied the Veteran's claims for service connection for right chronic wrist sprain, left shoulder calcified tendonitis, degenerative arthritis of the cervical spine, and both upper extremity radiculopathies. The evidence does not support a finding that these conditions were incurred or aggravated by service.

The Board has granted an earlier effective date of October 30, 2009 for the grant of a TDIU and basic eligibility to Dependents' Educational Assistance (DEA) benefits under 38 U.S.C. Chapter 35 due to service-connected disabilities.

The Board has remanded the claims for service connection due to insufficient medical opinions regarding the causes of the Veteran's cervical strain, right upper extremity condition, right hip condition, and right lower extremity sciatic radulopathy. The VA is instructed to obtain new medical opinions addressing whether these conditions were caused or aggravated by the Veteran's military service.

The Board has determined that the Veteran's current lumbar spine, cervical spine, and left knee disabilities are not related to his military service.

The Veteran's total disability rating due to service-connected disabilities was granted prior to May 19, 2021. From May 19, 2021, the issue of TDIU is moot as his combined disability rating reached 100%.

The Board has denied service connection for various hand and knee disabilities, as well as a cervical spine disability. The evidence does not support the Veteran's claims of in-service injury or disease related to these conditions.

The Board has decided to remand the Veteran's claims for service connection for back and neck disabilities due to inadequate medical opinions based on incomplete examination records. The AOJ is instructed to obtain complete service personnel records, including those from the United States Army Reserve, verify all active duty for training (ACDUTRA) and inactive duty training (INACDUTRA) dates, and provide an addendum opinion addressing whether the disabilities are related to any verified periods of ACDUTRA or INACDUTRA.

The Board denied the Veteran's claim for service connection for a neck disability, finding that there was no evidence of chronic neck disability during service and no credible medical opinion linking his current condition to his military service.

The Board has vacated its July 8, 2024 decisions and dismissed the appeals for service connection for a cervical spine disability and increased ratings for PTSD, right hip disabilities, and impairment of the thigh. The issues were improperly docketed under Docket No. 210120-129842.

The Veteran's appeal for a compensable rating for hypertension and service connection for cervical spine pain status post-surgery is remanded due to the need for additional medical examination.

The Board denied the Veteran's request for an effective date prior to September 13, 2021 for the grant of a 20 percent rating for cervical spine disability. The evidence did not show that the Veteran was entitled to a higher rating before this date.