Neck / cervical spine decisions — 2024

The Veteran's cervical and lumbar spine disabilities, along with left upper and lower extremity radiculopathy, were denied compensable ratings prior to August 5, 2019.

The Veteran's appeal for increased ratings for cervical strain and lumbosacral strain is being remanded due to the need for a new examination to assess the presence of radiculopathy or numbness conditions, which may be related to his service-connected cervical strain or lumbosacral strain.

The Board has determined that the severance of service connection for left and right upper extremity radiculopathy was improper, as there is not clear and unmistakable evidence that the criteria for evaluating cervical spine intervertebral disc syndrome based on incapacitating episodes contemplates associated neurological manifestations. As a result, the Veteran's separate 20% disability ratings for bilateral upper extremity radiculopathy are restored.

The Veteran's initial rating for a back disability is granted at 20 percent, and service connection is granted for right ankle and cervical spine disabilities. The claim for TDIU prior to January 4, 2013, is remanded.

The Board has determined that the September 2020 VA examination and opinion are inadequate, as they do not provide a clear etiological link between the Veteran's cervical spine disability and bilateral upper extremity radiculopathy. The claims for service connection are remanded to obtain an adequate medical opinion addressing these issues.

The Veteran's claim for an earlier effective date for cervical strain is dismissed.,The Veteran's claim for an earlier effective date for radiculopathy of the right upper extremity is dismissed.,The Veteran's claim for an earlier effective date for radiculopathy of the left upper extremity is dismissed.,The Veteran's claim for an earlier effective date for migraine and migraine variants is dismissed.,The Veteran's claim for an earlier effective date for MDD is dismissed.

The Veteran's TDIU claim is granted with an effective date of April 12, 2021. The Board finds that the combined effects of his service-connected right knee disability and PTSD with MDD prevent him from securing or following a substantially gainful occupation.

The Veteran's migraine headaches are found to have started during service and granted service connection.,There is no evidence of sleep apnea or related disability, and the claim for this condition is denied.

The Veteran's lumbar spine and cervical spine disabilities, as well as their associated radiculopathy conditions, have been granted initial ratings of 40 percent each. The GERD and IBS condition has also received an initial rating of 30 percent.

The Veteran's TDIU claim is being remanded due to the need for referral to the Director of Compensation Service for extraschedular consideration. The Veteran has multiple service-connected disabilities, but his combined rating does not meet the schedular requirements for a TDIU during any period on appeal.

The Veteran's appeal for a finding of permanent and total disability rating has been dismissed as the claim was fully resolved in his favor with the issuance of a May 2021 rating decision.

The Board has remanded the claims for cervical, thoracic spine, bilateral shoulder, knee, and foot conditions, as well as headaches and an eye condition due to incomplete information regarding the Appellant's service periods and lack of verification of relevant medical records.

The Board has granted the veteran's claim for special monthly compensation (SMC) based on the need for aid and attendance due to his service-connected disabilities. However, SMC by reason of being housebound is denied as he does not meet the criteria.

The Board has remanded the Veteran's claims for service connection due to inadequate medical opinions regarding his claimed disabilities, particularly scoliosis.

The Board has remanded the Veteran's claims for service connection for cervical spine, left knee, and right knee disabilities due to insufficient medical opinion regarding their etiology and aggravation by his service-connected lumbar spine disability.

The Board has remanded the case due to errors in duty to assist and insufficient evidence regarding the onset of neck disability during service. The Veteran's claim for service connection is now pending, with a VA examination required.

The Veteran's tinnitus, cervical spine condition, right shoulder condition, left shoulder condition, right hip condition, left hip condition, retropatellar pain syndrome of the right knee, left knee condition, left shin condition, and ankle conditions are all granted as service connected.,Service connection is established for these conditions based on direct evidence showing their onset during active duty.

The Board has determined that additional evidence is needed to determine the appropriate ratings for various disabilities, including right and left foot hallux valgus, cervical spine disability, knee disabilities, ankle disabilities, heart disease, and bilateral insertional tendonitis. The claims are being remanded to obtain necessary examinations and evaluations.

The Board has determined that additional evidence is needed to assess the current severity of the Veteran's cervical strain with IVDS and bilateral upper radiculopathies, as her symptoms have worsened since the last examination. The claims are therefore being remanded for further evaluation.

The Veteran's service-connected disabilities prevent him from securing or following a substantially gainful occupation, and the Board has granted entitlement to TDIU.