Neck / cervical spine Board decisions

The Board has remanded the Veteran's claims for higher ratings for cervical spine degenerative arthritis, left knee degenerative arthritis, right knee degenerative arthritis, and left plantar fasciitis with calcaneal spur due to inadequate medical examination and opinion in August 2021.

The Veteran's tinnitus and lumbar spine strain have been granted service connection. The issue of diabetes mellitus is remanded for further review, as is the right knee pain and cervical spine injury.

The Board has granted service connection for various disabilities, including cervical spine disability, left knee disability, right shoulder disability, left shoulder disability, right wrist disability, left wrist disability, right hand disability, left hand disability, chronic headaches, skin disability, and an acquired psychiatric disability (unspecified anxiety disorder, other specified depressive disorder, and somatic symptom disorder).

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to her service-connected disabilities, finding that she was not unable to secure or follow a substantially gainful occupation consistent with her education and work history.

The Veteran's claims for left shoulder strain, lumbar spine condition, cervical spine condition, rib(s) condition, and TBI have been dismissed.,The Veteran's attempts to appeal the July 2023 and June 2024 rating decisions were premature as these actions did not constitute final agency decisions.

The Board dismissed the appeal because a concurrent election for review was made, which is not allowed. The Veteran's claim of service connection for cervical strain with degenerative disc disease cannot be reviewed by the Board.

The Board has remanded the claims of increased ratings for cervical spine and bilateral hip disabilities due to a duty to assist error. The Veteran's vasomotor rhinitis remains at noncompensable rating.

The Veteran's claim for service connection for a cervical spine disability with TBI residuals is being remanded due to an error in the AOJ decision regarding the right to a pre-decisional hearing.

The Board has determined that new and relevant evidence related to the Veteran's claim for entitlement to service connection for bilateral hearing loss has been received since the May 2023 rating decision. The claims of increased ratings for cervical spine strain, right shoulder arthralgia, right knee arthralgia based on limitation of flexion, left knee arthralgia based on limitation of flexion, and entitlement to a 40 percent rating, but no higher, for right knee arthralgia based on limitation of extension from October 28, 2024 to February 25, 2025 are remanded.

The Board has remanded the claims of service connection for cervical spine condition, left shoulder condition, bilateral hearing loss, and right foot injury due to a failure to provide proper notice regarding the right to a hearing.

The Veteran's tinnitus is granted as service-connected.,The Veteran's right ear hearing loss is denied as not being aggravated by service.,The Veteran's neck disability is denied.

The Veteran is granted an effective date of June 22, 2019 for the award of special monthly compensation (SMC) based on the need for regular aid and attendance due to his service-connected disabilities.

The Veteran's service connection claims for BPH, headaches, cervical strain, left upper and right upper extremity radiculopathy have been granted. A separate 40 percent rating has been assigned for the Veteran's lumbar spine disability.

The Board has determined that the Veteran's cervical spine disability, including cervical strain, degenerative arthritis, intervertebral disc syndrome, and spinal stenosis, is related to his service-connected right pectoral tear residuals. As a result, the claim for service connection is granted.

The Board has dismissed the appeal for hearing loss and granted service connection for right elbow condition. The remaining issues of left elbow, cervical spine, left hand, right hand strain, left shoulder, lumbar spine, left lower extremity radiculopathy (sciatica), right lower extremity radiculopathy (sciatica), movement disorder of the leg, movement disorder of the foot, and bilateral plantar fasciitis are remanded for further development.

The Veteran's lumbar degenerative disc disease with IVDS is rated at 40 percent, effective as of the date of this decision.,The Veteran's degenerative arthritis of the cervical spine is rated at 30 percent, effective as of the date of this decision.

The Veteran's appeal for service connection for hearing loss was dismissed as the Veteran withdrew his request.,Service connection is granted for right foot plantar fasciitis secondary to service-connected left foot plantar fasciitis. The Board finds that the Veteran's right foot plantar fasciitis is caused by his service-connected left foot plantar fasciitis.

The Veteran's claims for bilateral hearing loss and cervical spine disorder have been remanded due to the submission of new evidence that tends to prove or disprove a matter at issue.,The Veteran's claim for nerve disorder of the right lower extremity as secondary to service-connected disability has also been remanded.

The Veteran's lumbar strain, with grade I spondylolisthesis at L5-S1 and multilevel disc disease is rated at 40 percent. The Board finds no evidence of ankylosis or other conditions warranting a higher rating.,Left lower extremity radiculopathy is currently rated at 10 percent. The Board found the Veteran's symptoms to be mild, not meeting the criteria for moderate incomplete paralysis.

The Veteran's PTSD and associated TBI are granted with an effective date of May 8, 2018. Service connection for a cervical spine disability is granted. The Veteran's PTSD remains at the highest possible rating (50%). Ratings for his left elbow disabilities remain denied.