Neck / cervical spine decisions — 2024

The Veteran's cervical strain and lumbar DDD, DJD with compression fracture T12 disabilities have been restored to their original ratings of 30% and 40%, respectively. A total disability rating for compensation based on individual unemployability (TDIU) has also been granted effective December 21, 2020.

The Board has granted service connection for the Veteran's cervical fusion/cervical herniated disc (neck disability) and left shoulder condition, finding that these conditions are related to in-service injuries.

The Veteran's cervical spine disability is currently rated at 30 percent, which accounts for forward flexion of the cervical spine 15 degrees or less. From March 13, 2020, to October 15, 2021, the Veteran had cervical radiculopathy affecting all radicular groups with moderate incomplete paralysis on the major side and mild incomplete paralysis on the minor side.

The Veteran's claim for an earlier effective date for a higher rating of lumbosacral strain is granted. The Board finds that the earliest possible effective date is May 9, 2019, but no earlier, as this was within one year of his April 2020 VA Form 20-0995 submission. For the cervical spine disability and associated radiculopathy claims, the AOJ must obtain additional medical opinions to address the etiology of these conditions.

The Board has determined that new and relevant evidence has been received regarding the Veteran's claims for service connection for cervical spine, thoracolumbar spine spondylosis and stenosis post laminectomy syndrome (low back), right lower extremity lumbar radiculopathy, and left lower extremity lumbar radiculopathy. As a result, these claims are being remanded to allow for further review.

The Veteran's claims for increased ratings for myofascial pain syndrome of the cervical spine and spondylosis and degenerative joint disease at L5-S1 have been denied. The current disability ratings remain at 20 percent.,Service connection has been granted for right upper extremity radiculopathy, which is secondary to his service-connected cervical spine disability.

The Board has remanded the cases for further development due to pre-decisional duty to assist errors. The Veteran's claims for service connection are not supported by the evidence.

The Veteran's service-connected disabilities have rendered him unemployable since June 1, 2020. The Board has granted TDIU and assigned June 1, 2020 as the effective date. The Veteran is also entitled to DEA benefits from June 1, 2020.

The Board has denied the Veteran's claims for service connection for neck disability, headaches, hernia disability, sleep apnea, bruxism, left knee disability, right knee disability, and left shoulder disability. The Board found no evidence of current disabilities or in-service events that would support these claims.

The Board has denied the Veteran's claims of service connection for bilateral hearing loss, tinnitus, cervicalgia, leg length discrepancy, residuals of left great toenail removal, and bilateral plantar fasciitis as there is no evidence of a current disability during the period on appeal.

The Veteran's claim for service connection for a cervical spine disability is granted with an effective date of July 19, 2018. The appeal was based on the Veteran's left arm numbness, tingling, and pain which was found to be related to his cervical spine disability.

The Veteran's cervical spine disability and bilateral upper extremity radiculopathy are granted as service-connected, with the latter condition found to be secondary to the former.

The Board has denied the Veteran's requests for earlier effective dates for service connection of various conditions, including neck disability, back disability, and radiculopathies. The claims were initially denied in February 2013 due to lack of evidence supporting these conditions.

The Veteran's claim for service connection for intervertebral disc syndrome of the cervical spine, with degenerative disc disease and chronic strain is granted due to new and relevant evidence having been submitted.

The Board has granted service connection for a lumbosacral spine disability and remanded the issue of service connection for a cervical spine disability due to duty to assist error.

The Veteran's claims for service connection for various conditions, including right and left ankle arthralgia, a sleep disorder, an acquired psychiatric disorder, left shoulder osteoarthritis, right knee disability, right hip OA, left hip OA, cervical spine disability, and hearing loss have been denied. The Board found that the evidence did not support a finding of service connection for any of these conditions.,The Veteran's claims were remanded for further action on his hypertension and GERD/hiatal hernia.

The Veteran's appeal for service connection of a cervical spine disability has been dismissed due to his death prior to the issuance of a final decision.

The Board has granted the Veteran's claim for service connection for cervical canal and foraminal stenosis and degenerative disc disease, finding that his current condition is at least as likely as not related to an in-service neck strain. The decision resolves all doubt in favor of the Veteran.

The Board has remanded the Veteran's claims for service connection due to inadequate VA examinations and a need for further research regarding his exposure to toxic substances. The claims will be reconsidered with additional evidence and medical opinions.

The Board has determined that there are duty to assist errors in the rating decisions on appeal for hearing loss, tinnitus, neck disability, back disability, and sleep disability. The issues of service connection for these conditions will be remanded for further development.