Neck / cervical spine decisions — 2024

The Board denied the Veteran's claims of service connection for sleep apnea, TBI, and a neck/cervical spine disorder due to lack of evidence showing these conditions were incurred or aggravated during service.

The Veteran's tinnitus is granted as service connection due to the Board finding that it began during active duty and has persisted since then, despite conflicting medical opinions.,Service connection for a neck disability is denied because there was no in-service injury or disease. The Veteran did not report symptoms until after separation from service.

The Board has granted service connection for cervical spine disability and an increased rating of 20 percent for degenerative disc disease of the lumbar spine, effective from April 6, 2021.

The Board has remanded the Veteran's claims for service connection due to incomplete records and a duty to assist error. The claims will be returned to the AOJ for further development.

The Veteran's appeal was dismissed due to their death during the pendency of the appeal.

The Board has granted service connection for a bilateral foot condition. The claims of left upper extremity nerve impingement, cervical strain, and left shoulder strain are remanded.

Your appeal regarding your cervical spine disability has been dismissed due to the Veteran's death. The Board cannot issue a decision on this claim as it is no longer pending.

The Veteran's sleep apnea is granted as secondary to his service-connected neck, shoulder, and rhinitis disabilities with obesity serving as an intermediate step.

The Veteran's appeal regarding the timeliness of a June 2023 VA Form 10182 is dismissed because her Motion for Extension of Time was granted, and she submitted a timely Notice of Disagreement.

The Veteran's claims for service connection on multiple orthopedic and psychiatric conditions are being remanded due to the need for additional medical opinions.

The Board has remanded the claims of cervical spine and bilateral shoulder disabilities due to a duty-to-assist error. The Veteran's cervical spine disability is presumed to have preexisted service, but the examiner must determine if it was aggravated by service. Shoulder disabilities are also being examined for their relation to in-service injuries.

The Board has remanded the cases for further development, including obtaining SSA records related to the Veteran's social security disability application.

The Board has remanded the claims for service connection due to errors in the initial decision process and additional evidence received after the initial decision. The Veteran's left shoulder, cervical spine, and low back disabilities are all under review.

The Board found that the withholding of VA disability compensation benefits for 36 days of drill pay in FY 2020 was proper and denied the Veteran's appeal.

The Veteran's neck disability was increased from a 10% rating to a 30% rating in July 2019. The appellant is eligible for attorney fees based on the past-due benefits awarded due to timely filing of an NOD.

The Veteran's neck disability manifested by pain is granted as service-connected.,Tinnitus has been assigned the maximum rating authorized under the applicable diagnostic code and no higher rating can be established without a current VA reexamination.

The Board has denied the Veteran's claims for service connection for avascular necrosis, left femoral head, feet pain, eye problems, neck disability, insomnia, right knee disability, left knee disability, and right hip disability as there is no evidence of these conditions during active duty or within a year of discharge. The Veteran did not provide sufficient evidence to establish that any of the claimed disabilities were incurred in service.

The Veteran's appeal for service connection of a cervical spine disability has been dismissed due to the Veteran's death during the pendency of the appeal.

The Board has denied service connection for a thoracolumbar spine disability due to the absence of evidence of current disability.,The Veteran's claim for sleep disorder is remanded as there was no VA examination or opinion regarding her claimed condition.,The Veteran's cervical dystonia claim is remanded as she did not receive an appropriate medical opinion from a neurologist regarding aggravation by service-connected conditions.,The Veteran's head tremors and tension headaches claims are remanded due to the inextricability of these issues with her cervical dystonia claim.