Neck / cervical spine decisions — 2024

The Board has remanded the Veteran's claims for service connection due to conflicting medical opinions and the need for additional examinations. The issues include headaches, cervical spine disability, peripheral neuropathy of upper and lower extremities, and TDIU.

The Board has dismissed the appeals for service connection of various shoulder and cervical spine conditions as they have been granted within a prior rating decision.

The Board has granted service connection for a cervical spine disorder. Service connection is remanded for GERD with esophagitis and hiatal hernia, and insomnia.

The Board has granted service connection for rhinitis and sinusitis, low back stiffness, left hip condition, neck injury, and bilateral knee disability. The evidence is nearly balanced as to whether these conditions had their onset during the Veteran's active duty.

The Veteran's claims for increased ratings and TDIU are being remanded due to pre-decisional duty to assist errors. The AOJ is instructed to schedule the Veteran for a VA examination to determine the current severity of his service-connected bilateral knee disorders, and to consider referral for extraschedular TDIU under 38 C.F.R. § 4.16(b).

The Veteran's pinguecula and thoracolumbar spine disability are granted service connection, while his migraine, right knee disability, cervical spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy are granted. The Veteran's bilateral plantar fasciitis is denied.

The Board has decided that the Veteran's tinnitus claim is denied, and the cervical spine, bilateral knee, and bilateral shoulder condition claims are remanded for further review.

The Veteran's cervical spine disability was not shown to meet the criteria for a compensable rating prior to October 23, 2017. The effective dates for the awards of ratings were denied.

The appeal for service connection for a low back condition is dismissed as the claim has been fully granted.,The right knee condition will be reconsidered due to new and relevant evidence having been received since the last denial in October 2013.,The bunions claim will not be reconsidered as no new and relevant evidence was received since the last denial in October 2013.,Service connection for cervical strain is denied.

The Veteran's bilateral hearing loss is rated as noncompensable throughout the appeal period.,Service connection for neck disorder, right shoulder disorder and low back disorder are all denied.

The Veteran's claims for increased ratings and earlier effective dates were denied. The cervical spine disability was rated at 30 percent, the left upper extremity radiculopathy at 20 percent, the lumbar spine disability with IVDS at 20 percent, and the right lower extremity radiculopathy from June 3, 2022, at 20 percent. The Veteran's TDIU and DEA benefits were granted earlier.

The Veteran's neck disability, radiculopathy of the left and right lower extremities are granted. The Veteran's neck disability is service connected as a result of new evidence submitted since her last denial in 2017.

The Board has remanded the Veteran's claims for service connection for neck, right hip, and low back disabilities due to a duty to assist error. The Veteran must undergo VA examinations to determine if her current conditions are related to her active duty service or any service-connected disabilities.

The Veteran's appeal for service connection of a cervical spine injury was dismissed as he did not clearly indicate an intent to pursue this issue prior to the submission of his VA Form 9.

The Board has granted service connection for the Veteran's lumbar spine disability and has remanded the issue of service connection for his cervical spine disability due to a duty to assist error.

The Board has remanded the claims of service connection for a neck disability, left upper extremity radiculopathy, right upper extremity radiculopathy, and a headache disorder due to pre-decisional duty-to-assist errors.

The Board has decided to remand all four issues related to service connection for the Veteran's claimed conditions. The claims will be reconsidered with additional examinations and opinions.

The Veteran's claims for effective dates prior to February 23, 2018, and for TDIU and DEA were denied. The rating reductions for LUE and RLE radiculopathy were granted.

The Board found no evidence of a cervical disability at any time during or approximate to the pendency of the claim, thus denying service connection for this condition.

The Board has granted service connection for the Veteran's cervical spine condition, finding that it is related to his in-service head and neck injury.