Neck / cervical spine decisions — 2024

The Veteran's lumbar spine disability is granted as service-connected, while the cervical, left knee, right knee, and right shoulder disabilities are remanded for further examination.

The Veteran's right shoulder bicipital tendonitis, rotator cuff tendonitis, and acromioclavicular joint osteoarthritis; left shoulder rotator cuff tendonitis; intervertebral disc syndrome; and cervical spondylosis are related to service.

The Veteran's appeal for a 20 percent evaluation for cervical spine degenerative joint disease prior to February 20, 2020 is dismissed due to a claims processing error.

The Board has remanded the case due to a failure of duty to assist, specifically regarding an inadequate examination. The Veteran's service records show treatment for neck pain and arthritis in service, but the examiner failed to consider this history.

The Veteran's claim for service connection for a cervical spine condition is denied. The Board found no evidence to support the claim that the cervical spine condition began in or was otherwise related to active-duty service. The Veteran's TDIU claim for his service-connected disabilities, including PTSD and migraine headaches, is granted.

The Board has determined that the Veteran's degenerative arthritis of the cervical spine is related to her active-duty service, and thus grants her claim for service connection.

The Board has granted service connection for degenerative arthritis of the cervical spine, finding that the Veteran's continuous neck pain since service is sufficient to establish service connection.

The Board has remanded the Veteran's claims for service connection for TBI and Neck Disability due to insufficient medical opinions in the original rating decisions. The AOJ is required to provide addendum opinions addressing the etiology of these conditions.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's cervical strain is caused or aggravated by his service-connected left shoulder disability. The Veteran needs a new examination to determine this relationship.

The Board has remanded the claims for bilateral hearing loss, tinnitus, low back disability, cervical spine disability, right knee disability, left knee disability, right leg disability, and left leg disability due to incomplete service treatment records. The Veteran's service connection claims are being returned for further review with additional examinations.

The Board dismissed the appeal as to the May 2024 grant of TDIU from November 27, 2019 because no issue remained in controversy.

The Veteran's claim for special monthly compensation based on housebound status is denied because he does not have a single service-connected disability rated as total (100%) with an additional service-connected disability or disabilities independently ratable at 60%. The Veteran's TDIU was based on multiple service-connected disabilities, not a single disability.

The Board has remanded the claims of service connection for cervical strain, neuropathy of the right lower extremity, and neuropathy of the left lower extremity due to inadequate opinions in the May 2021 VA examination. The Veteran's reports of injuries during service are considered credible.

The Veteran's claims for cervical strain and sinusitis have been granted, but her claim for bilateral upper extremity radiculopathy secondary to a cervical spine disability is pending due to the remand.,Her right hip and bilateral knee disabilities are also under review.

The Veteran's appeal for a cervical disability, right upper extremity peripheral neuropathy, left upper extremity peripheral neuropathy, sleep disturbances (including obstructive sleep apnea), and bilateral hearing loss has been dismissed due to procedural defects.,The Veteran's appeal for service connection for the cervical disability was not timely filed within one year of the March 2017 rating decision.

The Board has found pre-decisional duty to assist errors in the VA examinations for cervical spine and right knee disabilities, requiring remand to obtain retrospective medical opinions regarding functional loss during flare-ups and repetitive use.

The Veteran's cervical spine disability is currently rated at 30 percent, and the Board has found that an increased rating beyond this level is not warranted based on the evidence of record.

The Veteran's claim for service connection for vertigo disability, which is secondary to his service-connected cervical spine degenerative arthritis and tinnitus, has been remanded due to the need for additional medical opinions regarding causation and aggravation.

The Board has remanded the case due to insufficient evidence regarding the etiology of the Veteran's neck disorder, specifically related to his military service. The Veteran is requested to undergo a VA examination to determine if his current neck disorders are at least as likely as not caused by or related to his military service.

The Veteran's service-connected disabilities do not meet the requirements for a higher rate of special monthly compensation (SMC) than that provided under 38 U.S.C. § 1114(l).