Neck / cervical spine decisions — 2024

The Board has remanded all of the Veteran's claims due to a lack of VA examinations and for obtaining additional medical records. The claims include service connection for CFS, fibromyalgia, back disability, neck disability, and an acquired psychiatric disorder.

The Board has dismissed all pending claims and appeals as the Veteran withdrew her appeal, stating she was already rated at 100 percent.

The Board has remanded the Veteran's claims for cervical spine disability, radiculopathy of the upper extremities, and headaches due to duty-to-assist errors. The claims will be returned for correction.

The Board has denied the Veteran's claim for service connection for a cervical spine disorder and has remanded his claim for tinea corporis (skin disorder).

The Veteran's low back disability, diagnosed as intervertebral disc syndrome (IVDS) with degenerative arthritis with spondylolisthesis, is granted service connection.,Right and left lower extremity radiculopathy are also granted service connection secondary to the Veteran's low back disability.,Service connection for cervical spondylosis with myofascial pain syndrome is remanded due to insufficient evidence regarding its relationship to the Veteran's low back disability.

The Veteran's cervical strain has been rated at 10 percent since April 21, 2022. The Board found that the evidence does not support a higher rating due to lack of limitation of motion or other factors warranting such an increase.

The Board has granted service connection for lumbar spine degenerative joint disease, left lower extremity radiculopathy, right lower extremity radiculopathy, cervical spine degenerative joint disease, and an acquired psychiatric disorder (panic disorder and depressive disorder).

The Board has denied the Veteran's claim for service connection for a cervical spine disability, finding that there is no evidence of a current disability incurred in or aggravated by service. The Board also found that any current cervical spine disability was not caused by an in-service injury and is not related to a service-connected condition.

The Board has remanded the Veteran's claims for service connection due to a lack of consideration of new evidence and an incomplete examination. The issues are related as they involve secondary service connection.

The Board has found that the Veteran's claims for service connection must be remanded due to a duty-to-assist error. Specifically, VA did not attempt to obtain Social Security Administration (SSA) records and Georgia disability records which are potentially relevant to the claims.

The Veteran's service-connected disabilities do not prevent him from securing and following a substantially gainful occupation, as he was employed full-time prior to June 8, 2020. The Board finds that TDIU is not warranted based on the single service-connected disability of his back condition.

New and relevant evidence has been received for several previously denied service connection claims, including cervical spine condition, ED, left lower extremity tingling and numbness, left upper extremity tingling and numbness, right lower extremity tingling and numbness, right upper extremity tingling and numbness, lumbar spine condition, tension headaches, diabetes mellitus type II, hearing loss, tinnitus, and hypertension. These claims are being remanded for further review.

The Veteran's right ankle disability is granted as service-connected.,An initial compensable rating for tinea pedis (right foot) is denied.

The appeal concerning the service-connected degenerative changes of the thoracolumbar spine is dismissed. The appeals for tension headaches, cervical spine disability, and radiculopathy of right upper extremity are remanded.

The Board has found that the VA examination provided for this issue was inadequate and remanded it due to the need for an opinion regarding whether the Veteran's cervical spine condition is secondary to his service-connected lower back condition.

The Board has remanded the claims for cervical spine degenerative arthritis and right shoulder disability due to insufficient medical opinions regarding their onset during service.

The Veteran's pre-existing neck injury increased in severity during his active military service, and the increase was not clearly and unmistakably due to the natural progress of the disease. Service connection for residuals of a neck injury, diagnosed as cervical strain, is granted.

The Board has remanded the claims of TMJ dysfunction, cervical spine disability (other than psoriatic arthritis), and tinnitus due to insufficient evidence regarding their onset or relationship to service.

The Board has remanded the Veteran's claims for gastrointestinal, lumbar spine, cervical spine and hemorrhoids disabilities due to incomplete service department records and inadequate VA examinations. The AOJ is instructed to obtain complete service treatment records and schedule VA examinations to address the etiology of these conditions.

The Veteran's claims for service connection for various conditions, including bilateral hearing loss, traumatic brain injury, cervical spine disorder, headaches, and multiple musculoskeletal disorders have been denied. The Board found no evidence of current disabilities or a nexus to service.