Neck / cervical spine Board decisions

The Veteran's appeal has been dismissed as they have withdrawn the appeal seeking increased ratings and service connection for various conditions.

The Board has granted service connection for lumbar strain, cervical degenerative disc disease with spinal stenosis, left hip strain, and right hip strain as secondary to the Veteran's service-connected bilateral plantar fasciitis with degenerative arthritis.

The Board has dismissed the appeal as the AOJ granted service connection for cervical radiculopathy of both upper extremities in a February 2023 rating decision.

The Board has denied service connection for various conditions, including dyslipidemia, bilateral hearing loss, tinnitus, erectile dysfunction (ED), chronic sinusitis, allergic rhinitis, cervical spine disability, lumbar spine disability, right shoulder and left shoulder disabilities, right hip and left hip disabilities, bilateral foot disabilities, right ankle and left ankle disabilities, right knee and left knee disabilities, and bilateral plantar fasciitis. The decision is based on the absence of evidence linking these conditions to service.

The Board has dismissed all claims due to the Veteran's withdrawal of the appeal prior to a decision being made.

The Veteran's initial ratings for lumbar and cervical spine disabilities prior to April 11, 2022 are being remanded due to duty-to-assist errors.

The Board has denied the Veteran's claims for service connection for various conditions, including left and right shoulder conditions, eye condition, throat condition, neck disability, low back disability, lower extremity disabilities, right-hand condition with numbness, migraines, and thyroid disease/cancer. The evidence does not support a finding of current diagnoses or a link to service.,The Veteran's claims for these conditions were denied as there is no persuasive medical evidence linking the conditions to her military service.

The Veteran's IBS with constipation is granted service connection due to it being presumed to have been incurred during her Persian Gulf service. The claim for cervical dysplasia is denied as she does not have a current diagnosis of the condition.

The Board has determined that the Veteran's claims for service connection for various conditions, including a sleep disorder, lung disability (including pneumonia, bronchitis, and COPD), neck disability, left knee disability, right knee disability, left shoulder disability, right shoulder disability, and bilateral foot disability are remanded due to duty-to-assist errors.

The Veteran's death was caused by his service-connected obstructive sleep apnea, which the Board found to be a principal cause of death. Therefore, DIC benefits are granted for the cause of death. The appeal for DIC under 38 U.S.C. § 1318 is dismissed as moot.

The Board has remanded the claims for pes planus, cervical spine condition, low back condition, and sinus disability due to duty-to-assist errors that occurred prior to the March 2021 rating decision on appeal.

The Veteran's claims for diabetes, cervical strain rating, and carpal tunnel syndrome are being remanded due to procedural errors and the need for additional medical opinions.

The Board dismissed the Veteran's claim for an earlier effective date for service connection of his cervical spine disability because it was a freestanding claim and not based on a CUE in the original decision.

The Board has granted service connection for left knee degenerative arthritis, right knee meniscal tear, lumbosacral spine degenerative joint and disc disease (lumbar spine disability), and cervical spine degenerative disc disease with degenerative arthritis.

The Board has denied a compensable rating for bilateral hearing loss and has remanded the Veteran's claims regarding his lumbar spine, cervical spine, left forearm, and left elbow disorders. The Veteran is required to provide any private chiropractic treatment records.

The Veteran's cervical spine, right hip, and left hip disabilities have been granted service connection as they are related to his military service.

The Veteran's appeals for reducing and increasing the rating of their cervical spine disability have been dismissed due to the death of the Veteran.

The Veteran's service-connected cervical spine disability and radiculopathies result in the need for regular aid and attendance, which has been granted special monthly compensation (SMC) based on this.

The Veteran's right upper extremity radiculopathy is rated at 70 percent from October 22, 2014, to August 31, 2020.,The Veteran's left upper extremity radiculopathy is rated at 60 percent from October 22, 2014, to August 31, 2020.,The Veteran's multi-level cervical spine degenerative joint and disc disease with IVDS (neck disability) is rated at 20 percent from October 22, 2014, to August 31, 2020.

The Board found that the Veteran did not suffer from additional disability due to any perceived delay in the authorization of spine surgery in 2002, and that any disability was not proximately due to VA's carelessness or negligence.