Neck / cervical spine decisions — 2024

The Veteran withdrew their appeals for the claimed conditions of bilateral shoulder condition, bilateral flat feet, OSA, neck/cervical spine condition, ED, and GERD before a decision was made by the Board.

The Veteran's TDIU claim was granted with an effective date of March 1, 2017. The Board found that the evidence did not show a worsening in his service-connected disabilities during the one-year look-back period and thus could not establish entitlement to an earlier effective date.

The Veteran's initial ratings for cervical and lumbosacral spine intervertebral disc syndrome (IVDS) are being remanded due to a procedural error.

The Board has denied service connection for TBI due to lack of a current diagnosis. The claims for left knee, right knee, cervical strain, lumbosacral strain, right hip strain, and left hip strain are remanded as the VA examiners did not consider all relevant evidence and potential in-service causation.

The Veteran's tinnitus was granted service connection as it is present during and after service.,Service connection for left ear hearing loss was denied as there is no current evidence of the required threshold shift in hearing.

The Veteran's TDIU claim is remanded due to a duty-to-assist error involving missing Social Security Administration (SSA) records. The SSA records are needed to fully assess the Veteran's disability picture and its impact on his employability.

The Veteran's PTSD is rated as 100% disabling since November 20, 2019. He also has additional disabilities that combine to at least 60%, qualifying him for special monthly compensation (SMC) at the subsection (s) rate.

The Veteran's appeal is remanded for additional examinations to address the severity of his cervical spine symptoms and whether he needs regular aid and attendance due to service-connected conditions.

The Board has granted service connection for cervical strain with degenerative arthritis, lumbosacral strain, right hip strain, left hip strain, right knee strain, and left wrist sprain. The claim for service connection for obstructive sleep apnea (OSA) is remanded due to a lack of an opinion on whether OSA is aggravated by tinnitus.

The Board has dismissed the appeals for service connection of cervical spine disability, left upper extremity radiculopathy, and right upper extremity radiculopathy as secondary to a service-connected cervical spine disability.

Service connection is granted for pantothenate kinase associated neurodegeneration (PKAN). Service connection for hypertension, a neck disability, and headaches are remanded.

The Veteran's appeal for compensation under 38 U.S.C. § 1151 for a lumbar/cervical disorder and salivary duct stones is remanded due to the need for further examination to determine causation.

The Board has decided that an effective date of January 21, 2016, but no earlier, is granted for the award of service connection for cervical degenerative arthritis with intervertebral disc syndrome (IVDS) and cervicalgia. The issue of entitlement to a higher rating in excess of 30 percent from August 21, 2017, for the cervical spine disability is remanded.

The Board has denied service connection for bilateral plantar fasciitis, cervicalgia, left hand condition, right hand condition, hearing loss, and tinnitus as there is no evidence of these conditions during or after service.

The Veteran's claim for a compensable rating for left ear hearing loss is denied.,The Veteran's claim for service connection for right ear hearing loss is denied.,The appeal of entitlement to service connection for cervical condition is dismissed.,The appeal of entitlement to service connection for major depressive disorder with anxiety is dismissed.,The appeal of entitlement to service connection for PTSD under the modernized review system is dismissed.,The appeal of entitlement to service connection for bilateral pes planus and hallux valgus is dismissed.

The Board has identified inadequate VA examinations and medical opinions in the May 2021 rating decision, which are remanded to obtain a new examination and opinion.

The Veteran's back disability and neck disability were denied increased ratings.,A separate 10 percent rating was granted for left knee limitation of flexion.

The Board has decided to remand the cases for further examination and clarification of medical findings related to the Veteran's neck, low back, left knee, and right knee disabilities due to inadequate VA examinations.

The Board has granted service connection for a lumbar spine disability, right shoulder disability, and cervical spine disability as secondary to the appellant's service-connected bilateral foot condition, left shoulder strain, and now-granted lumbar spine disability.,The decision also grants service connection for these conditions on a secondary basis.

The Board has denied the Veteran's claims for service connection for left foot calluses, right foot calluses, a neck disability, diabetes mellitus type 2 (diabetes), lower back disability, and right shoulder disability. The evidence does not support a finding that any of these conditions began during active service or are otherwise related to an in-service injury or disease.