Neck / cervical spine decisions — 2024

The VA has already granted a 30% rating for cervical spine degenerative arthritis effective May 24, 2021. This appeal is dismissed because the November 2021 rating decision was merely an effectuation of the October 2021 Board decision.

The Board has remanded the claims for service connection due to inadequate VA examinations and failure to consider all relevant evidence. The Veteran's PTSD, back disability, bilateral foot disability, cervical strain, left knee condition, right parapatella tendonitis and patellar tendonosis (claimed as knee condition), left shoulder tenosynovitis, and sleep apnea are being reviewed.

The Board denied the Veteran's claims for effective dates earlier than October 22, 2020 for the awards of service connection and separate ratings for right and left upper extremity cervical radiculopathy with impingement of C5-C6.

The Board has remanded three issues related to the Veteran's service-connected migraines and cervical spine degenerative disc disease. The fourth issue regarding special monthly compensation is also remanded for proper notice.

The Veteran's claims for increased ratings were granted effective January 12, 2020.,Effective dates prior to January 12, 2020 are not warranted for the assigned disability ratings.

The Board has determined that the Veteran's cervical strain with degenerative arthritis of the spine is related to service and grants service connection for this condition.

The Veteran's appeal for special monthly compensation (SMC) based on need for aid and attendance or housebound status was denied because the evidence did not demonstrate a factual need for such benefits due to his service-connected disabilities. The Board found that the majority of the Veteran's need for assistance stemmed from non-service connected conditions.

The Board denied the Veteran's requests for earlier effective dates for service connection of various conditions, finding that no claim was submitted within one year of her discharge from active duty or prior to February 22, 2021.

The Veteran's cervical spine disability, rated at 30 percent prior to the decision, is now granted a 60 percent rating due to incapacitating episodes having a total duration of at least 6 weeks during the past 12 months.

The Board denied an initial rating in excess of 10 percent for cervical strain with degenerative arthritis, finding that the Veteran's disability did not meet or approximate the criteria for a higher rating based on limitation of motion.

The Veteran's claims for increased ratings and earlier effective dates were denied. The decision does not specify the exact reasons for denial, but it is clear that the Veteran did not meet the criteria for higher ratings or earlier effective dates.

The Veteran's appeal for service connection for erectile dysfunction is dismissed as the benefits were granted in a previous decision. Service connection for sleep apnea secondary to service-connected disabilities is granted. The issue of service connection for a cervical spine disability to include as secondary to a thoracolumbar spine disability is remanded.

The Veteran's claim for service connection for lumbar spine arthritis is granted. The Board finds that the evidence supports a finding of in-service injury and continuity of symptomatology, granting service connection. For the neck disability issue, the case is remanded as there was no VA examination conducted.

The Veteran's service-connected disabilities, including above the right knee amputation and diabetic peripheral neuropathies of both lower extremities, render him in need of regular aid and attendance due to his inability to perform daily activities without assistance. The Board has granted SMC at the R-1 rate.

The Board has denied service connection for cervical and lumbar spine disabilities, finding that the current conditions are not related to service or any presumptive exposure.

Service connection granted for cervical neck disability and bilateral upper extremity radiculopathy as secondary to the Veteran's service-connected cervical neck disability.,Respiratory condition (likely including bronchitis, URI, and pharyngitis) is remanded due to insufficient evidence of a nexus to service.,Gastrointestinal condition, to include hiatal hernia and gastroesophageal reflux disease with heartburn symptoms, is remanded for further examination.

The Board has determined that there is no evidence of a diagnosed neck or throat disability during service, and the Veteran's current complaints do not meet the criteria for service connection.

The Veteran is granted a TDIU for the period prior to October 29, 2021 due to her service-connected PTSD rated at 70 percent. Additionally, she is granted SMC under 38 U.S.C. § 1114(s) based on her additional disabilities of tinnitus, cervical strain, right wrist sprain (Major), radiculopathy, right upper extremity, and migraine headaches.

The Board has remanded the case due to a duty to assist error in obtaining an adequate VA opinion regarding the relationship between the Veteran's sleep apnea and his service-connected disabilities, particularly chronic sinusitis and orthopedic conditions.

The Veteran's claims for right upper extremity, left upper extremity, right lower extremity, and left lower extremity peripheral neuropathy as well as cervical spinal stenosis have been granted. The claim of service connection for hypertension (HTN) has also been granted as secondary to service-connected PTSD.,The Veteran's claims for obstructive sleep apnea (OSA) and right shoulder disability have also been granted as secondary to service-connected PTSD.