Neck / cervical spine decisions — 2024

The Board has remanded the claim of service connection for a neck disability due to insufficient medical opinions regarding its onset in service.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) prior to December 30, 2022, finding that it was not factually ascertainable that he became unemployable within one year prior to his formal TDIU claim.

The Veteran's headaches, including migraines, are proximately due to his service-connected PTSD.,The Veteran's right shoulder disability is proximately due to his service-connected left shoulder disability.,There is no evidence of a bilateral foot disability that was incurred in or due to the Veteran's time in service.

The Veteran's service connection claim for headaches is granted. The claims for left and right knee disabilities are denied, as there is no current disability or evidence of a nexus to service. Service connection for the neck disability is remanded due to insufficient medical evidence.

The Board has remanded the Veteran's claims for cervical kyphosis with spondylolisthesis and lumbar scoliosis due to a duty to assist error. The Veteran is not competent to provide an etiology opinion, and VA must obtain a medical opinion addressing the theory of secondary service connection.

The Board has determined that additional development is needed to address the Veteran's claims for service connection due to not following prior remand directives.

The Veteran's cervical spine degenerative arthritis is granted service connection.,Service connection for left and right upper extremity radiculopathy as secondary to the cervical spine arthritis is granted.,Service connection for left and right ankle strain, right shoulder strain, and left and right hip strain are all granted.,The Veteran's cervical spine degenerative arthritis is granted service connection.,Service connection for left and right upper extremity radiculopathy as secondary to the cervical spine arthritis is granted.,Service connection for left and right ankle strain, right shoulder strain, and left and right hip strain are all granted.,The Veteran's cervical spine degenerative arthritis is granted service connection.,Service connection for left and right upper extremity radiculopathy as secondary to the cervical spine arthritis is granted.

The Board has remanded the Veteran's claims for cervical spine disability, lumbar spine disability, and obstructive sleep apnea (OSA) due to service-connected disabilities. The VA will obtain new medical opinions to address causation and aggravation of these conditions.

The Veteran's claim for service connection for eczema was denied as he did not have a current skin disability.,The Veteran's claim for service connection for a cervical spine condition, including secondary to a service-connected lumbar spine condition, was also denied.

The Veteran's claim for an increased rating higher than 20 percent for his cervical spine disorder is dismissed as he has consistently requested a reduction in the disability evaluation.

The Board has remanded the Veteran's claim for service connection for degenerative arthritis of the cervical spine due to a lack of an adequate opinion regarding the relationship between the condition and military service.

The Board denied service connection for a cervical spine disability as secondary to the Veteran's right shoulder disability and denied an increased rating for his left ankle disability.

The Veteran's TDIU claim is denied because she does not meet the schedular criteria for a TDIU based on a single service-connected disability, as her right hip disability alone does not qualify. The Board found that multiple of her service-connected disabilities contribute to her difficulty in maintaining substantially gainful employment.

The Veteran's claims for bilateral hearing loss and a cervical spine disorder have been remanded due to procedural issues and the need for additional medical opinions.

The Veteran's claim for a higher rating for his cervical spine disability prior to July 21, 2014 was denied as the evidence did not show unfavorable ankylosis of the entire cervical spine.

The Veteran's claims for service connection for lumbosacral strain, cervical strain, and right foot peripheral neuropathy are remanded due to duty-to-assist errors in obtaining medical opinions that did not adequately address the relationship between the conditions and service.

The Board has decided to remand the Veteran's claims for service connection for cervical spine, right shoulder, left shoulder, left knee, and right knee disabilities due to inadequate rationale in the VA examiners' opinions regarding continuity of symptomatology since service.

The Veteran has withdrawn their appeals regarding the left ankle disorder, cervical spine disorder, and TBI. As a result, the Board is dismissing these appeals.

The Board has decided to remand the Veteran's claims for service connection for cervical spine, left elbow, and left knee conditions due to errors in obtaining necessary medical opinions and records.