Neck / cervical spine decisions — 2024

The Veteran's unspecified depressive disorder with TBI, headaches and dizziness is granted a 70 percent rating prior to March 1, 2021. The cervical spine condition is denied any increase in rating prior to June 23, 2021.

The Board has granted service connection for cervical cancer, finding that new and relevant evidence supports the claim. The appeal is dismissed for all other issues.

The Board has granted service connection for Irritable Bowel Syndrome (IBS) and remanded the remaining issues due to insufficient evidence.

The Board has granted service connection for cervical spine disability, left shoulder disability, and right shoulder disability. The Veteran's conditions are found to be related to his active duty service.,Service connection was also granted for secondary upper extremity radiculopathy and muscle spasms as a result of the service-connected cervical spine disability.

The Board has granted the Veteran's claim for service connection for a cervical spine condition, finding that it is at least as likely as not related to an accident involving the Veteran in service.

The Veteran's back disability received a 20 percent rating from April 17, 2007 to January 28, 2011. From January 29, 2011 onwards, the Veteran received a 40 percent rating.

The Board has remanded the cases for additional development to address pre-decisional duty-to-assist errors in the opinions regarding the etiology of the Veteran's headaches, cervical strain, and thoracolumbar strain.

The Board dismissed the Veteran's appeals for service connection of left hip, right hip, and cervical spine disabilities due to a lack of timely filing of a VA Form 10182 (Notice of Disagreement).

The Board has granted service connection for cervical strain with degenerative arthritis (neck disability) and left shoulder acromioclavicular joint osteoarthritis and degenerative arthritis (left shoulder disability), finding that these conditions are related to the Veteran's periods of federalized National Guard service.

The Board has remanded the Veteran's claims for esophageal disability, salivary gland disability, neck disability, right shoulder disability, left shoulder disability, leg cramps, and psychiatric disability. The issues are being remanded due to pre-decisional duty to assist errors.

The Veteran's sickle cell trait is not service-connected as it is a congenital defect without additional superimposed disease or injury.,There is no evidence of residuals of a traumatic brain injury related to service, and the Veteran does not have a current diagnosis of such condition.,The Veteran does not have a current diagnosis of a cervical spine disability. The STRs are silent for any injuries sustained as a result of a hatch falling on his head or any diagnoses related to a TBI or cervical spine disability.,There is no evidence of a left shoulder disability, right elbow disability, or right knee disability during service or post-service. The Veteran does not have current diagnoses of these conditions.,The Veteran's STRs and post-service treatment records are silent for complaints or diagnoses related to bilateral shoulder pain or strain, bilateral elbow pain or strain, or right knee pain or strain.,There is no evidence of a right knee disability during service or post-service. The Veteran does not have current diagnosis of this condition.

The Board has granted service connection for the Veteran's cervical strain as secondary to her service-connected lumbosacral strain with intervertebral disc syndrome (IVDS).

The appeal for an increased rating for plantar fasciitis is dismissed.,Service connection for a cervical spine disability and lumbar spine disability are granted. Service connection for a right shoulder disability is denied. The issues of service connection for right hip disability and left hip disability are remanded.

The Board has remanded the Veteran's claims for cervical spine condition, radiculopathy of the left upper extremity, and radiculopathy of the right upper extremity due to pre-decisional errors in obtaining evidence and providing a medical opinion. The claims are being returned to the AOJ for further development.

The Veteran's claims for service connection for neck and back disabilities are granted as the evidence supports that these conditions were caused by injuries sustained during active duty.

The Veteran seeks earlier effective dates for service connection grants, but the Board finds no legal basis to grant these claims.,The Veteran's anxiety disorder claim was reopened and granted in June 2014 with an effective date of September 17, 2012.

Service connection is granted for neck and back disabilities, but the claims of service connection for bilateral shoulder and left hip conditions are remanded due to a duty to assist error.

The Veteran's low back disability is granted as secondary to his service-connected right knee disabilities. The cervical spine disability claim is remanded for further examination and opinion.

The Board has denied service connection for cervical DJD/spondylosis, cervical foraminal stenosis/central stenosis, mechanical cervical pain syndrome, right upper extremity radiculopathy, and left upper extremity radiculopathy as the evidence does not support a finding that these conditions began during or are otherwise related to service.

The Board has determined that the Veteran's cervical spine disability, including arthritis, had its onset during service and is currently manifested. The thoracolumbar spine disability is also considered to have been incurred during service, with all reasonable doubt resolved in favor of the Veteran.