Neck / cervical spine decisions — 2024

The Board has denied the Veteran's claims for service connection for neck and back disabilities, finding that there is no evidence linking these conditions to his military service.

The Veteran was granted a 50% rating for migraine headaches and a 70% rating for right upper extremity radiculopathy effective July 20, 2022. Additionally, service connection for tinnitus rated at 10% and a 30% rating for cervical spine degenerative changes were granted effective July 20, 2022.,The Veteran was also granted an increased rating of 30% for his cervical spine degenerative changes and service connection for tinnitus rated at 10%. These benefits became effective on September 27, 2022.

The Veteran's eczema (folliculitis/infection) and sleep apnea syndromes (sleep disorder) are related to service, resulting in a grant of service connection for these conditions.,For the neck condition and knee conditions, the case is remanded as further medical examination and opinion are needed.

The Veteran's claims for service connection on remand have been denied due to lack of evidence supporting the claimed conditions.,An effective date prior to March 28, 2018, for PTSD and an increased rating for tonsillectomy are also denied.

The Board has determined that the Veteran's thyroid and neck conditions are related to his service, granting service connection for both.

The Board has remanded the Veteran's claims for service connection for left shoulder, right shoulder, and cervical spine disabilities due to inadequate medical opinions provided prior to the October 2021 rating decision. The VA is required to obtain new medical opinions regarding the etiology of these conditions.

The Board has granted the Veteran's claims of service connection for low back and lower extremity radiculopathy. The claim for neck disability is remanded due to a duty-to-assist error.

The Board has identified legal defects in the previous opinions and has ordered a remand to obtain an addendum opinion regarding the etiology of the obstructive sleep apnea from a VA examiner.

The Board has denied service connection for chronic headaches and cervical strain (claimed as chronic cervico-thoracic pain) due to a lack of evidence showing the presence of these conditions during or within one year after service, and because there is no credible evidence linking them to service.

The Board has granted service connection for tinnitus. The remaining issues of cervical spine disorder, peripheral neuropathy of the left upper extremity, lumbar disorder, and erectile dysfunction are remanded due to insufficient medical opinions.

The Veteran's appeal to have the effective date for his service-connected posterior neck scar, status post cervical fusion, changed due to clear and unmistakable error (CUE) in a prior final rating decision was dismissed without prejudice. The Veteran did not provide sufficient specificity regarding the alleged CUE.

The Board has remanded the Veteran's claims for obstructive sleep apnea, headaches, and a spinal disability due to outstanding records and the need for medical opinions.

The Board has granted service connection for dry eyes, hypertension, an acquired psychiatric condition (including PTSD and generalized anxiety disorder), a left hand condition (carpal tunnel syndrome secondary to cervical condition), and a right hand condition (carpal tunnel syndrome secondary to cervical condition).

The Board has determined that new and relevant evidence has not been received to readjudicate the Veteran's service connection claims for lumbar spine disability, cervical spine disability, left shoulder disability, and acquired psychiatric disability. As such, these claims are denied.

The Veteran's left hip disability is granted as secondary to his service-connected degenerative disc disease with intervertebral disc syndrome.,Obstructive sleep apnea is granted as secondary to his service-connected degenerative disc disease with intervertebral disc syndrome and cervical spine degenerative disc disease and degenerative arthritis.

The Veteran's claims for earlier effective dates and increased ratings have been denied.,No new evidence or changes in the Veteran's conditions were presented, leading to a denial of all issues on appeal.

The Board has remanded the case due to a lack of an examination and opinion regarding the relationship between the Veteran's back condition, including spinal stenosis, and his active service, specifically the forklift accident in March 1990.

The Board grants an effective date of February 18, 2009, for the grant of service connection for cervical degenerative arthritis and intervertebral disc syndrome (previously claimed as a degenerative neck from jumping) and LUE radiculopathy.

The Veteran's appeal has been dismissed as she withdrew her appeals for right C8-T1 motor radiculopathy and cervical strain with degenerative arthritis.

The Veteran's service-connected left shoulder disability is currently rated at 20 percent, and the Board denied a higher rating.,The Veteran's cervical spine disability was granted as secondary to his service-connected left shoulder disability.