Neck / cervical spine decisions — 2024

The Veteran's claims for increased ratings for degenerative arthritis of the cervical spine and lumbar facet arthropathy with degenerative arthritis are being remanded due to a duty to assist error in failing to obtain an adequate examination prior to the June 2023 rating decision.

The Board has granted a 30 percent evaluation for the Veteran's cervical spine disability from December 21, 2018. The decision also denied an evaluation in excess of 60 percent for the duodenal ulcer.

The Veteran's appeals for service connection were denied as there was no new and relevant evidence presented to support the claims.

The Veteran's cervical strain is currently rated at 20 percent, and the Board denied a higher rating. The claim for TDIU from March 19, 2019 was granted.

The Board has granted an effective date of July 1, 2012 for the Veteran's TDIU and DEA eligibility. The decision is based on the fact that the Veteran became unable to secure or follow a substantially gainful occupation due to his service-connected disabilities starting from January 26, 2009.

The Veteran's cervical spine disability is rated at 30 percent, effective from the date of the July 2024 Board decision. The claim for an increased rating in excess of 20 percent was granted.

The Veteran's claims for service connection for cervical spine strain, right and left knee strain, and bilateral wrist with carpal tunnel and tendinitis are being remanded due to the need for a VA medical opinion regarding the etiology of her claimed conditions.

The Board has determined that the Veteran's lumbar spine, cervical spine, and bilateral knee disabilities are not attributable to active military service.

The Veteran's bilateral hearing loss, LUE and RUE cervical radiculopathy were granted service connection as they are considered to be directly related to his military service.

The Veteran's major depressive disorder with anxious distress is rated at 70 percent, effective from December 23, 2021. The Board also granted entitlement to a TDIU based on the combined effect of his service-connected disabilities.

The Board has decided to remand the case due to a prior VA examination not being adequate, and it is unclear if the Veteran's cervical spine disability was incurred in service.

The Board found that the Veteran's request for a Higher Level Review was timely due to good cause, and thus the AOJ's decision denying service connection for various conditions is now reconsidered.

The Veteran's claim for service connection for a cervical spine disability, including as secondary to a service-connected low back disability, was denied.,The Veteran's claim for service connection for esophagitis is remanded due to the need for additional medical opinion.

The Board has remanded all but one of the claims for additional development, particularly to determine whether the Veteran served in Vietnam and was exposed to tactical herbicide agents. The dental disability claim is denied as there is no indication or assertion that tactical herbicide agents resulted in a dental disability.

The Board has granted service connection for cervical and lumbar spine disorders, finding that the Veteran's symptoms began in service and have persisted since then.

The Board has granted service connection for a cervical spine disability and associated bilateral upper extremity radiculopathy due to the finding of clear and unmistakable error in the February 2017 Statement of the Case.

The Veteran's service-connected disabilities, including PTSD, Chronic Fatigue Syndrome, and physical conditions like arthritis and back pain, rendered him unable to work as a mechanic starting February 5, 2020. The Board granted an earlier effective date of February 5, 2020 for his total disability rating based on individual unemployability.

The Veteran's degenerative disc disease of the lumbar spine with mechanical low back pain is granted as service connected. The Veteran's neck disability, diagnosed as degenerative disc disease and a trapezius strain, is denied as not being related to service.

The Veteran's neck and back disabilities are granted service connection, while the initial rating for PTSD with MDD is denied as it does not meet the criteria for a higher than 70 percent rating.

The Board has remanded the case due to an error in not considering a secondary service connection theory for the Veteran's cervical spine disability, and also requires further examination to determine if any diagnosed conditions are congenital defects or diseases resulting from injuries during service.