Neck / cervical spine decisions — 2024

The Board has denied the Veteran's claims for service connection for a cervical spine disability, finding that there is no link between his current condition and military service or any service-connected conditions.

The Veteran's service-connected disabilities, including PTSD, cervical spine strain, bilateral knee disability, right ankle sprain, lumbar spine strain, tinnitus, and bilateral lower extremity radiculopathy, prevent him from securing substantially gainful employment. The Board granted TDIU based on the cumulative effects of these conditions.

The Veteran requested to withdraw all his appeals, including the ones for increased disability evaluations and service connection. As a result, these claims are dismissed.

The Veteran's skin conditions, gastrointestinal problems, cervical spine disability, left upper extremity radiculopathy, left arm/forearm disability, and left hand disability are all granted as service-connected. The Veteran's left shoulder disability is also granted.

The Veteran's claims for service connection for neck and back disabilities have been denied as there is no evidence of a nexus between the current conditions and his military service.

The Veteran's service-connected disabilities do not render him so helpless as to need regular aid and attendance of another, nor are they severe enough to result in permanent bedridden status.

The Board has determined that the Veteran's cervical spine and associated radiculopathy claims require additional examination to assess his functional impairment throughout the applicable rating period, including during flare-ups and after repeated use over time. The ratings for the right and left upper extremities are also remanded due to inconsistencies in the evidence.

The Veteran's TDIU claim is denied for the entire appeal period, with specific reasons provided for each issue.

The Board has remanded the Veteran's claims for cervical spine disability, lumbar spine disability, and headache disability due to duty-to-assist errors.

The Veteran's claim for service connection for a neck disorder is being remanded due to duty to assist error. The Board will obtain an updated VA examination and medical opinion to address the etiology of his claimed conditions.

The Veteran's claim for a higher rating for cervical strain and degenerative arthritis is being remanded due to the inadequacy of the VA examination conducted in May 2021. The examiner did not address whether there was functional ankylosis or incapacitating episodes, nor did they assess the length of convalescence required following the July 2020 neck surgery.

The Board has granted effective dates of December 7, 2016 for the grants of service connection for degenerative arthritis of the cervical spine and bilateral shoulder strains. The Veteran's claims were not considered until after VA treatment records from July 2017 were added to her file.

The Board has determined that new and relevant evidence has been received to warrant readjudication of the service connection claims for bilateral hearing loss, tinnitus, chronic left foot disability, chronic right foot disability, acquired psychiatric disorder (including schizoaffective disorder), chronic lumbar spine disorder, chronic cervical spine disorder, chronic left shoulder disorder, chronic left knee disorder, chronic right knee disorder, chronic left ankle disorder, and chronic right ankle disorder. The claims are being remanded for further review.

The Veteran's service connection for left shoulder tendinitis is granted, and the initial disability ratings for cervical strain, left arm radiculopathy, and slight left knee instability are also granted. The Veteran's request for an increased rating for left knee patellofemoral pain syndrome from March 29, 2020, is denied, but a separate initial disability rating of 10 percent for slight left knee instability is granted.

The Veteran's claim for an earlier effective date for service connection for degenerative disc disease of the cervical spine was denied.,The Veteran's claim for an earlier effective date for service connection for degenerative arthritis, left knee was denied.,The Veteran's claim for an earlier effective date for service connection for degenerative arthritis, right knee was denied.

The Veteran's claims for service connection and earlier effective dates were denied. The Board found no evidence of a direct relationship between the current sleep apnea, cervical strain, right shoulder strain, and lateral collateral ligament sprain, right ankle disabilities and active service.

The Veteran's claimed neck, back, and neurological disorders are not service-connected as they do not meet the criteria for direct service connection.

The Veteran's appeal is remanded for further examination and opinion regarding his claimed cervical spine disability, to include degenerative disc disease (DDD), and associated radiculopathy of the upper extremities. The current rating for headaches remains at 30 percent.

The Veteran's claims for service connection for various conditions, including bone and endocrine disorders, right and left dry eye syndrome, cervical spine DDD, foot osteoarthritis, lumbar spine arthritis, and right shoulder radiculopathy, have been denied. The Board found no evidence of a chronic disease or injury during service that could be linked to the current conditions.

The Veteran's appeal is remanded to ensure post-service treatment records are associated with the claims file, as well as to obtain new examinations for his neck/cervical spine, right shoulder, left leg sciatica, right leg sciatica, and bilateral foot disabilities. The PACT Act does not require a TERA examination in this case.