Neck / cervical spine decisions — 2024

The Veteran's appeal for service connection for a neck disability was dismissed as the VA Form 10182 (Notice of Disagreement) was not timely filed, and no extension request or good cause was provided.

The Veteran's cervical spine and bilateral arm radiculopathy disabilities are remanded for further examination to determine if they are secondary to his service-connected lumbar spine disability. The Veteran's sleep apnea is also remanded for a determination on whether it is secondary to his service-connected psychiatric disabilities.

The Veteran's cervical spine disability is granted as service-connected.,The effective date for the lumbar spine disability is set at June 14, 2017.,A 40 percent rating for the lumbar spine disability is assigned with a June 14, 2017, effective date.,Separate ratings for left lower extremity radiculopathy of the sciatic nerve and femoral nerve are granted with a June 14, 2017, effective date.,The right knee disability is rated at 30 percent with a June 14, 2017, effective date.,Right lower extremity radiculopathy of the sciatic nerve and femoral nerve are each rated at 20 percent with effective dates prior to January 14, 2019.,The right knee instability is rated at 10 percent with an effective date prior to June 12, 2020.,Service connection for a migraine headache disorder is granted and the earliest possible effective date of November 7, 2017, is assigned.

The appeals of the Veteran's claims for bilateral knee disabilities and PTSD have been dismissed.,An increased rating for a low back disability has been denied.

The Veteran's degenerative arthritis with cervical strain is granted as service connected, and the Board finds that there is at least an approximate balance of positive and negative evidence as to whether the Veteran's current neck disability began in service.

The Board has granted service connection for sleep apnea, hemorrhoids, allergic rhinitis, cervicalgia, and headaches. The decision is based on the Veteran's credible statements of in-service symptoms and VA medical opinions.

The Board has granted service connection for tinnitus but has remanded the claims of lumbosacral strain and cervical strain due to insufficient medical opinions.

The Board has remanded the Veteran's claims for fibromyalgia, cervical spine, thoracolumbar myofascial syndrome, left wrist tendonitis with ganglion cyst and carpal tunnel syndrome, right shoulder rotator cuff tendonitis, and left shoulder disability due to a lack of adequate development.

The Veteran's claim for an effective date prior to February 25, 2019, for a 20 percent rating for cervical spine degenerative disc disease was denied.,The Veteran's claim for an effective date prior to February 25, 2019, for a 40 percent rating for persistent depressive disorder was denied.

The Board has denied service connection for left shoulder strain and dismissed the claim for ankylosing spondylitis (cervical spondylosis) due to lack of a causal relationship with service or service-connected conditions.

The Board has remanded the Veteran's claims for service connection due to insufficient opinions regarding whether his cervical spine disability, GERD, and progressive muscular atrophy are related to his service-connected conditions or if they are aggravated by them. The VA is required to provide additional examinations and opinions.

The appeals of entitlement to service connection for various shoulder, cervical spine, ankle, knee, hip, and thoracic spine disabilities have been dismissed as the Veteran withdrew his claims during a hearing. The right ear disability appeal is also dismissed.

The Board has dismissed the Veteran's appeals of service connection for neck disability, back disability, right knee fracture, and right thigh fracture as they were already pending in the legacy system.

The Veteran's acquired psychiatric disorder, claimed as PTSD, is service connected.,Bilateral hearing loss and tinnitus are also service connected.

The Veteran's migraine headaches and degenerative disc disease of the lumbar spine and cervical spine have been granted increased ratings to 30 percent, effective from November 8, 2019.

The Board has determined that the grant of service connection for various conditions was clearly and unmistakably erroneous due to a lack of qualifying active duty, resulting in denial of the appeal.

The Veteran's service-connected cervical spine degenerative arthritis is rated at 10 percent since October 1, 2014, and denied for a higher rating.

The Veteran's claim for an earlier effective date for a total disability rating based on individual unemployability (TDIU) is denied. The effective date of the TDIU award is set at May 28, 2014, as this was the date VA received her formal application.

The Board has granted service connection for a back disability, neck disability, left arm nerve disability, and right arm nerve disability. The conditions are found to be related to the Veteran's in-service injury.

The Veteran's service-connected cervical spine degenerative disc disease, lumbar degenerative joint disease, adjustment disorder with anxiety and depressive disorder, peripheral nerve conditions, and right shoulder osteoarthritis preclude him from securing or following a substantially gainful occupation.