Neck / cervical spine decisions — 2024

The Board has remanded the Veteran's claims for service connection due to errors in determining his qualifying service periods and a lack of VA examination regarding his lower back symptoms.

The Veteran's right and left knee disabilities are each rated at 10 percent. The Board has granted a 30 percent rating for the right knee disability and a 20 percent rating for the left knee disability.,The Veteran's IBS is presumed to be causally related to his service in Southwest Asia during the Persian Gulf War, resulting in a grant of service connection.,Service connection is granted for cervical spine disability due to its proximate cause being the Veteran's service-connected lumbar spine disability.,Service connection is granted for right upper extremity radiculopathy due to its proximate cause being the Veteran's service-connected cervical spine disability.,Service connection is granted for left upper extremity radiculopathy due to its proximate cause being the Veteran's service-connected cervical spine disability.

The Board has dismissed the Veteran's appeals for increased disability ratings for generalized anxiety disorder, headaches, and cervicalgia due to his authorized representative withdrawing the appeal.

The Veteran's claims for service connection for migraines and cervical spine strain, as well as a TDIU prior to January 28, 2016, initial rating of 50 percent for migraines from that date, and a rating in excess of 30 percent for cervical spine strain are all denied.

The Board has denied the claims for service connection for right knee, cervical spine, and lumbar spine disabilities due to a lack of new and relevant evidence presented within one year of the July 2015 rating decision.

The Board has determined that the Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation as of January 25, 2008.

The Veteran's obstructive sleep apnea is caused by his service-connected major depressive disorder.,The Veteran's tension headaches are caused by his service-connected disabilities, including major depressive disorder, lumbosacral degenerative arthritis and paraspinal muscle strain, cervical strain.

The Board has determined that there is some persuasive evidence linking the Veteran's in-service injury to his current cervical spine disorder, and therefore grants service connection for this condition.

The Veteran's claims for an earlier effective date for the 100 percent rating for PTSD, persistent depressive disorder to include TBI, and posttraumatic headaches are denied. The claim for restoration of the 30 percent rating for hypothyroidism is granted.

The Veteran's claims for service connection are remanded due to the submission of additional issues not addressed in previous AOJ decisions. The TERA exposure and development is also required.

The Veteran's bilateral hearing loss and left ankle condition were denied as there is no evidence of current disabilities.,The Veteran's degenerative arthritis, cervical spine condition, and sciatic nerve condition were also denied as the evidence does not support a connection to service.

The Board has determined that the VA examinations and opinions provided for these claims are inadequate due to a pre-decisional duty-to-assist error. The Veteran's statements about in-service onset of his disabilities have not been adequately addressed, and further examination is required.

The Veteran's claim for service connection for tinnitus has been reopened and granted. The claims for cervical strain and right knee disorders have been remanded.

The Board has remanded the Veteran's claims of service connection for a neck condition and a left knee condition due to inadequate medical opinions and failure to consider all relevant evidence.

The Veteran's service-connected conditions, including right upper extremity radiculopathy with muscle atrophy, major depressive disorder, and other disabilities, have rendered him in need of regular aid and attendance due to his inability to dress or undress himself, prepare meals, attend to the wants of nature, and require assistance for driving. The Board has determined that SMC based on the need for regular aid and attendance is warranted.

The Board has decided to remand the case due to a duty to assist error and the need for additional evidence. The Veteran's upper back condition and cervical spine condition are being reviewed again, with an emphasis on obtaining private treatment records and conducting a VA examination.

The Board dismissed the Veteran's appeals for service connection for various conditions, including headaches, hemorrhoids, cervical spine degenerative disc and joint disease, left hand condition, and right hand condition, as secondary to his service-connected lumbar spine disability.

The Board has withdrawn the Veteran's appeals for service connection for allergies, bronchitis, cervical spine disability, lower back disability, left ankle disability, and sleep apnea. The appeal is also remanded for further examination regarding SMC based on aid and attendance.

The Veteran's TDIU and SMC at the housebound rate are granted due to his service-connected PTSD, which is rated as 70 percent disabling since June 16, 2016. The additional disabilities do not meet the criteria for a single disability rated at 100%.

The Veteran's claim for service connection for sinusitis is denied as there is no current diagnosis of sinusitis and the symptoms are attributed to rhinitis.,The Veteran's claim for an increased rating for MS with dysphasia and constipation is denied as her symptoms do not warrant a higher combined rating.