Neck / cervical spine decisions — 2024

The Board has granted service connection for neck cervical spine spondylosis, right shoulder degenerative joint disease, and bilateral upper extremity radiculopathy. The decision is based on the Veteran's credible reports of in-service injuries that led to current disabilities.

The Veteran withdrew his appeal, citing receipt of a 100% rating and believing he is properly rated.

The Veteran's service connection claims for bilateral hearing loss, cervical spine disorder, tinnitus, PTSD, adjustment disorder, and a disorder manifested by memory loss are all denied due to lack of evidence of current disabilities.,However, the Veteran's service connection claim for these conditions is remanded as there are unresolved issues regarding their etiology.

The Board has denied the Veteran's claim for service connection for degenerative arthritis of the cervical spine, finding that there is no evidence to support a link between his current condition and his military service.

The Veteran's cervical spine disability, radiculopathy of the right upper extremity (dominant), and radiculopathy of the left upper extremity are rated at 30%, 40%, and 30% respectively. The Board denied all requests for higher ratings.

The Veteran's service-connected rheumatoid arthritis and related disabilities are found to prevent him from working, and the case is being referred for extraschedular consideration.

The Veteran's appeals for earlier effective dates for service connection and initial ratings were denied as there was no evidence of an increase in disability during the one-year prior to his November 11, 2020 claim.,The Veteran's appeals for earlier effective dates for increased ratings were also denied as there was no evidence of an increase in disability during the one-year prior to his November 11, 2020 claim.

The Veteran's appeal to increase the rating for his service-connected cervical spine disability was dismissed because the June 2020 VA Form 10182 was not a valid appeal under the Appeals Modernization Act (AMA) and remains in the Legacy system.

The Veteran's appeal for increased ratings and service connection was dismissed because the claims were not filed in response to a rating decision, which occurred more than one year prior.

The Board has dismissed the appeal regarding earlier effective dates and initial ratings for cervical strain with degenerative arthritis and intervertebral disc syndrome, as well as right upper extremity cervical radiculopathy.

The Veteran's appeal for service connection was dismissed due to their passing away, as the Board has no jurisdiction to adjudicate the merits of this appeal at this time.

The Veteran's service-connected disabilities, including right upper extremity radiculopathy, left upper extremity radiculopathy, cervical spine degenerative disc disease, right shoulder strain, lumbar spine strain with degenerative disc disease, and right lower extremity radiculopathy, rendered him unable to secure and maintain substantially gainful employment. The Board granted TDIU based on the combined rating of 80 percent for these service-connected disabilities.

The Board has determined that the Veteran's claims for higher initial ratings, service connection, and eligibility for Dependents' Educational Assistance (DEA) benefits must be remanded due to errors in obtaining relevant medical records from Social Security Administration (SSA), as well as errors in assessing the Veteran's employment status and his assertions regarding secondary service connection.

The Board has remanded the Veteran's claims of service connection for left knee, neck, and low back disabilities due to insufficient medical opinions based on the absence of treatment records.

The Board has remanded the claims for cervical spine strain, recurrent skin condition of the scalp, and surgical scar of the scalp due to potential errors in the initial decision-making process. The Veteran's claims will be reviewed with additional medical opinions to determine if service connection can be established.

The Veteran's service-connected conditions do not meet the criteria for specially adapted housing or special home adaptation due to his inability to use assistive devices and lack of loss of use of any extremities.

The Veteran's appeal is remanded for further evaluation of his service-connected disabilities.,Service connection claims for type II diabetes mellitus and obstructive sleep apnea are also remanded.

The Veteran's death was attributed to multiple blunt force injuries sustained in a motorcycle accident, not related to his service-connected conditions. The Board found no evidence linking the cause of death to active duty or service-connected disabilities.

The Veteran's right and left hip disorders are not service connected as they did not develop during active duty or due to a service-connected condition. The cervical spine disorder is also not service connected, with the exception of the lumbosacral strain which may be related to an in-service motor vehicle accident.,Both the right and left hip disorders were found not to have onset during service and are not linked to any service-connected conditions. The cervical spine disorder was associated with a motor vehicle accident.

The Veteran's left and right knee disabilities are granted as secondary to his service-connected lumbar spine disability. The Veteran's bilateral hearing loss claim is denied due to lack of current diagnosis. The Veteran's radiculopathy of the right upper extremity and cervical spinal stenosis with cervical fusion claims are denied.