Neck / cervical spine decisions — 2024

The Board has granted readjudication of the previously denied claims for Horner's syndrome, lumbar spine disability, and cervical spine disability. The claims are now remanded due to a duty-to-assist error.

The Board has determined that the Veteran's back and neck disabilities, bilateral pes planus, right shoulder disability, right lower extremity radiculopathy, left lower extremity radiculopathy, right upper extremity numbness, and left upper extremity numbness are related to service. The claims are being remanded for further examination and opinion.

The Veteran's thoracolumbar spine disability is rated at 40 percent, but a separate 20 percent rating for voiding dysfunction is granted. The Veteran's MDD is not rated higher than 30 percent. Service connection for a cervical spine disorder is granted.

The Board has remanded the Veteran's claims for service connection for degenerative arthritis of various joints due to insufficient medical opinions addressing relevant STRs and lay statements.

The Veteran's service-connected disabilities, including his neck and back conditions, diabetes, coronary artery disease, and diabetic neuropathy, render him unable to secure or maintain substantially gainful employment.

The Veteran's claim for retroactive CRDP compensation benefits is remanded due to an error in the AOJ correspondence, which did not include a new Audit Error Worksheet for the period from September 1, 2001 to January 2004. The Veteran should contact DFAS to obtain this information and have his claim readjudicated.

The Veteran's claim for service connection for a neck disability was reopened and granted.,The Veteran's claim for service connection for a lumbar spine disability was reopened and granted.,The Veteran's claim for service connection for irritable bowel syndrome (IBS), to include as secondary to treatment for migraine headaches, was granted.

The Veteran's appeal is remanded for further development, including obtaining medical records and providing a retrospective opinion on the severity of his lumbar and cervical spine disabilities.

The Veteran's claims for service connection and increased ratings have been denied.,Effective dates prior to April 16, 2009, are not warranted for the awards of service connection or increased ratings.

The Veteran's claims for service connection for various upper extremity and lower extremity disabilities, including those related to his service-connected left foot joint pain, right foot joint pain, and lumbosacral strain, have been denied due to the Veteran failing to report for scheduled VA examinations without good cause.

The Veteran's tinnitus is currently rated at the maximum allowable under VA regulations, and a higher rating is denied.,Service connection has been granted for left knee, neck, and low back disabilities based on in-service injury.,Service connection has been granted for eye condition (cataracts), right foot disability, skin rash, and obstructive sleep apnea based on in-service injury and competent lay statements.,The Veteran's tinnitus is currently rated at the maximum allowable under VA regulations, and a higher rating is denied.

The Veteran's appeals for increased ratings for their cervical spine, left foot, and right lower extremity radiculopathy disabilities were denied. The Board found that the current assigned ratings adequately reflected the severity of the disabilities.

Service connection is granted for back arthritis and neck arthritis as secondary to service-connected lumbar spine degenerative disc and joint disease (back arthritis).,Service connection is also granted for bilateral lower extremity radiculopathy, with right upper extremity radiculopathy being secondary to service-connected cervical spine degenerative disc and joint disease (neck arthritis), and left lower extremity radiculopathy being secondary to service-connected lumbar spine degenerative disc and joint disease (back arthritis).

The Veteran's claims for service connection and increased rating have been denied.,An effective date of February 14, 2020 is granted for the awards of service connection and increased rating.

The Board has found that the Veteran's service records are incomplete and remands for further efforts to obtain these records. The issues of service connection remain on appeal.

The Veteran's service connection claim for degenerative disc disease of the cervical spine is granted. Claims for lumbar spine disorder, right knee disorder, and left knee disorder are remanded due to lack of sufficient evidence.

The Board has dismissed all claims of service connection for various conditions as the Veteran died during the appeal process.

The Board has granted service connection for cervical spine degenerative disc disease, finding that the condition originated during active service.

The Board denied the Veteran's claim for an increased rating for his service-connected cervical strain, finding that there was no evidence of forward flexion to 15 degrees or less, or actual ankylosis. The Board also found no neurologic impairment related to the cervical spine disability.

The Board denied service connection for a right hip disability, cervical spine disability, and right knee disability. The Veteran's current diagnoses of these conditions were not established until after separation from active service.,Service connection was also denied for migraines and renal colic.