Neck / cervical spine decisions — 2024

The Veteran's cervical spine disability, diagnosed with cervical spondylosis and requiring cervical fusion surgery, is presumed to have had its onset during active duty service. The Board granted the claim for service connection.

The Board has granted service connection for cervical strain as secondary to the Veteran's service-connected right shoulder disability.

The Board has remanded the claims of service connection for migraine headaches and a cervical spine disability due to inadequate medical opinions in previous examinations. The Veteran's lay statements regarding an incident during service are now considered.

The Veteran's claims for MDD, migraines, residuals of a head injury, and scar were granted with effective dates starting from October 11, 2011. The Board denied earlier effective dates as there was no indication of an intent to file such claims prior to the filing date.,For migraines, residuals of a head injury, and scar, the Veteran's claims were filed on October 11, 2011, which is when service connection was granted. The Board found that earlier effective dates could not be assigned as there was no indication of an intent to file such claims prior to this date.

The Board has determined that there were errors in the pre-decisional duty to assist and remanded both the service connection for cervical spondylosis and the TDIU claim due to insufficient evidence regarding the Veteran's claimed conditions.

Service connection is granted for an acquired psychiatric disorder other than PTSD, but service connection for a neck disability is denied.

The Veteran's claim for service connection for degenerative disc disease with myelomalacia - cervical spine is being remanded due to a duty to assist error. The Board will seek an addendum opinion from the VA examiner to address whether the current cervical spine disability is related to active service.

The Board has remanded the Veteran's claims for service connection for various disabilities due to a lack of adequate VA medical examinations or medical opinions regarding the etiology of his claimed conditions.

The Board dismissed the appeal for service connection of a back condition due to a procedural error, as the Veteran's appeal was not timely filed within one year of the rating decision or 60 days after an SOC.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's neck condition is secondary to his service-connected back condition.

The Board denied the Veteran's requests for earlier effective dates for service connection of carpal tunnel syndrome of both wrists, finding that entitlement to benefits arose on September 1, 1999, but the claim was filed later.

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

The Board has ordered remand for further development due to inadequate medical opinions in the June 2021 decision regarding service connection for neck and bilateral hip disabilities.

The Board has restored the Veteran's prior 20% disability rating for cervical strain with IVDS and degenerative disc disease, effective January 21, 2020, as the reduction was improper due to lack of improvement in the Veteran's ability to function under ordinary conditions.

The Veteran's appeal for service connection for cervical spine disability was dismissed due to improper docketing under the Appeals Modernization Act. The appeals for bronchitis, lumbar spine disability, left shoulder disability, and right shoulder disability were all granted based on new evidence received since previous final decisions.

The Veteran's neck disability is rated 20 percent from May 1, 2013, and 30 percent thereafter. The rating for back disability has not been met. The right ankle disability was denied as it did not meet the criteria for a higher rating prior to October 30, 2020, and 20 percent thereafter. The right lower extremity radiculopathy is rated 20 percent.,The Veteran's left hip disability and diabetes mellitus are remanded for further review.

The Veteran's cervical herniated disc with myelopathy, status post anterior cervical discectomy and fusion is found to be caused by his service-connected lumbar spine disability.

The Veteran's claim for service connection for gastroesophageal reflux disorder (GERD) is granted. The Veteran's claim for service connection for a cervical spine disorder is dismissed as part of the separate appeal stream in the Legacy appeal system.

The Board has remanded the case due to a lack of a nexus opinion provided by the May 2019 VA examiner, who did not provide an etiological link between the Veteran's neck disability and service.

The Veteran was granted service connection for right and left lower extremity sciatica, each rated at 10 percent effective September 30, 2020.,The Veteran was also granted service connection for right and left upper extremity radiculopathy, each rated at 20 percent effective October 30, 2020.