Neck / cervical spine decisions — 2024

The Board has remanded the case due to inextricably intertwined issues, including service connection for bilateral hearing loss and a rating for laceration scar, left forearm. The TDIU claim is also affected by these unresolved issues.

The Veteran's claims for service connection for elevated liver enzymes, left and right lower extremity radiculopathy, sleep apnea, deviated septum, gastritis, neck disability, and chronic fatigue syndrome (CFS) have been denied. The Board has remanded the claims of service connection for sleep apnea, deviated septum, gastritis, and neck disability.

The Veteran's ratings for cervical and lumbar spine disabilities were restored to their original levels due to the failure of the VA examinations to be as 'full and complete' as the initial examination, indicating that there was not reasonable certainty of improvement under ordinary conditions.

The Veteran's cervical spine, right knee, and left knee conditions have been granted service connection as they are found to be related to her active military service.

The Veteran's service connection claim for degenerative disc disease of the cervical spine is granted as it is related to his extensive history of flying aircraft over his career.

The Veteran's appeal for service connection for cervical strain (claimed as neck) under docket number 210227-142788 is dismissed.

The Board has found that the Veteran does not have an acquired psychiatric disability, and therefore service connection for this condition is denied. The claims for cervical spine degenerative arthritis (claimed as residuals of neck injury) and residuals of a head injury are remanded due to insufficient consideration by the AOJ.

The Board has remanded the Veteran's claims for cervical spondylosis and degenerative disc disease, left shoulder degenerative arthritis, right shoulder degenerative arthritis, left hip disability, and right hip disability due to insufficient evidence in the record.

The Board has granted service connection for cervical spine condition, right groin strain, obstructive sleep apnea, and sinusitis. The conditions are found to be aggravated by service-connected disabilities.,Service connection is established for these conditions as they arose during active service or are related to the Veteran's service-connected disabilities.

The Veteran is granted a TDIU effective May 24, 2015, based on her service-connected adjustment disorder with anxiety and other disabilities. The effective date for the TDIU was changed to March 2018 when she received a 70% rating.

The Board dismissed the appeal for bilateral knee strain, bilateral shoulder strain, lumbosacral strain, and cervical strain as the appellant requested a withdrawal of his appeal.

The Veteran's claim for an initial rating in excess of 10 percent for degenerative arthritis of the cervical spine with Intervertebral Disc Syndrome (IVDS) is being remanded due to inadequate examination findings. A new VA examination is required.

The Board has remanded the Veteran's claims for service connection due to a lack of a VA examination addressing the etiology of his claimed conditions, including left arm neuralgia and back issues. The Veteran contends these conditions are related to an in-service injury.

The Board has remanded the case due to inadequate medical opinions regarding the etiology of the Veteran's cervical spine condition. The VA must provide an adequate medical opinion addressing whether the Veteran's current condition is related to his military service or any other relevant factors.

The Board has dismissed the issue of service connection for a right ankle disorder due to the Veteran's withdrawal. The remaining issues of service connection for cervical spine, left shoulder, thoracolumbar spine, and left leg disorders are remanded.

The Veteran withdrew his claims for allergies, sinusitis, a bilateral eye disability, neck disability, and left-hand disability during the February 2024 Board hearing.

The Veteran withdrew his appeals regarding the proposed decreases in ratings for various conditions and the propriety of discontinuing SMC benefits. The Board dismissed these appeals as a result.

The Board has granted service connection for cervical and lumbar spine disorders, right upper extremity radiculopathy, and a right shoulder disorder. The left shoulder disorder claim is remanded for further consideration.

The Board has remanded the Veteran's claim for service connection for insomnia with fatigue (claimed as chronic fatigue syndrome) due to pre-decisional errors in fulfilling the duty to assist. The AOJ must obtain a medical nexus opinion regarding the etiology of the Veteran's insomnia and whether it is related to his military service, including his motor vehicle accident in service, service in Iraq, or toxic exposure risk activities (TERAs).

The Board has remanded the Veteran's claims for neck disorder and left elbow disorder due to insufficient medical opinions regarding their etiology. The VA will need to obtain updated medical opinions that consider the Veteran's lay statements about his symptoms.