Neck / cervical spine decisions — 2024

The Veteran's claims for service connection for cervical spine ankylosing spondylitis, right hip inflammatory spondylopathy and degeneration, and left hip inflammatory spondylopathy and degeneration were denied with effective dates of April 5, 2016.,The Veteran sought earlier effective dates for his service connection claims. The Board found that the earliest available effective date was April 5, 2016, when he filed his claims.,For left hip disability, the claim to reopen was filed on April 5, 2016, and thus the effective date is based on this filing.

The Board has decided to remand the Veteran's claim for a cervical spine disability, as it found that there was a pre-decisional duty to assist error due to an inadequate VA examination. The case will be returned to the AOJ for further action.

The Veteran's service-connected disabilities have rendered him in need of the regular aid and attendance of another person, warranting entitlement to SMC based on aid and attendance.

The Board has decided to remand the Veteran's claims for increased ratings due to a duty to assist error. Specifically, the VA Regional Office did not obtain a new VA examination to assess the current severity of his lumbar spine, cervical spine, and right knee disability.

The Board has remanded the claims for service connection due to a lack of an opinion addressing whether the Veteran's claimed disabilities were caused or aggravated by her service-connected PTSD with bipolar disorder and obesity.

The Board has granted service connection for cervical spine degenerative disc disease with anterior cervical fusion residuals, finding that the condition originated during active service.

The Veteran's TDIU was granted based on her service-connected migraines. The combined rating of all service-connected disabilities is at least 60%, meeting the criteria for SMC housebound.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence regarding the etiology of his bilateral wrist, hand, knee, and cervical spine disabilities. The VA is required to provide a VA examination to determine if these conditions are related to active service.

The Board has determined that the January 2021 decision on appeal is remanded due to a duty-to-assist error, specifically regarding the adequacy of the medical opinion provided by the VA examiner. The Veteran's claim for service connection for migraine headaches, as secondary to his service-connected cervical strain and related conditions, requires further clarification from an appropriate medical professional.

The Board has granted service connection for a bilateral shoulder disability, patellofemoral pain syndrome of the bilateral knees, cervical strain, and lumbosacral strain, finding that these conditions are related to active service.

The Veteran's claim for service connection of spinal stenosis and strain of the cervical spine was granted with an effective date of February 3, 2021. The Board denied a request for an earlier effective date as there was no prior submission of a formal or informal service connection claim.

The Board denied service connection for type II diabetes mellitus, LLE radiculopathy, RLE radiculopathy, cervical spine arthritis, and right hip arthritis. The Veteran's claims were based on his assertions of exposure to herbicides in Korea and equipment handling in Vietnam, but the evidence did not support these claims.

The Board has decided to remand the case due to a lack of medical opinion regarding the etiology of the Veteran's cervical spine disability. The claim will be reviewed again with new evidence and an examination.

The Board has dismissed the appeals for service connection for various conditions due to the Veteran's death during the appeal process.

The Veteran's claim for a higher rating for degenerative arthritis of the cervical spine is being remanded due to outstanding private treatment records from her primary care provider and chiropractor.

The Board has granted effective dates of February 21, 2020 for the service connection of various conditions including left quad tendon tear, major depressive disorder, intervertebral disc syndrome with spinal stenosis, thoracolumbar spine, radiculopathy of the right lower extremity, tinnitus, surgical scar, degenerative arthritis of the cervical spine status post C5-C7 ACDF with residual IVDS, radiculopathy of the right upper extremity, radiculopathy of the left upper extremity, and residual neck scar. The effective dates are based on the Veteran's timely filed claims within one year of his intent to file.

The Veteran is granted a TDIU effective October 3, 2017. He was unable to secure and follow substantially gainful employment due to his service-connected PTSD.

The Board has remanded the claims of service connection for anxiety, a cervical spine condition, depression, a lumbar spine condition, and migraine headaches due to inadequate VA examinations and failure to consider the Veteran's lay testimony regarding in-service injuries.

The Veteran's chronic headaches, cervical spine disability (neck), left upper extremity radiculopathy and paresthesia, left knee disability, and right knee disability are all found to have onset during service. The Board has granted service connection for these conditions.

The Board has remanded the Veteran's claims for service connection and increased rating due to insufficient evidence, including conflicting medical opinions.