Neck / cervical spine Board decisions

The Veteran's claims for neck, bilateral knee, and bilateral ankle disabilities are being remanded due to duty-to-assist errors. Further examination is needed to determine the nature of his current conditions and their relationship to service.

The Board denied the Veteran's claim for service connection for a neck disability, finding that there was no evidence to support a nexus between his current condition and an in-service event or disease. The decision is based on the lack of probative evidence indicating a relationship between the Veteran's neck disability and any in-service injury or disease.

The Board denied the Veteran's motions to reverse or revise on the basis of clear and unmistakable error (CUE) in several rating decisions denying service connection for various conditions. The Veteran argued that VA failed to consider a truck accident during his military service, but the Board found no CUE as there was not clear evidence establishing the occurrence of the MVA.

The Veteran's service-connected disabilities render him unable to maintain substantially gainful employment, and a TDIU rating is granted.

The Board has already addressed the issue of entitlement to a TDIU for the same time period in another case, and it has been fully resolved. The appeal is dismissed as moot.

The Board has remanded the claims for an evaluation higher than 10 percent for cervical degenerative joint disease prior to March 5, 2019 and entitlement to a total disability based on individual unemployability due to service-connected disability (TDIU).

The Veteran's service-connected disabilities require the need for regular aid and attendance, which has been granted special monthly compensation based on aid and attendance.

The Board has denied the Veteran's claims for an earlier effective date and a higher initial disability rating for his service-connected cervical spine degenerative joint disease. The case is remanded to obtain additional medical opinions regarding the severity of the Veteran's disability.

The Board has determined that the Veteran's cervical-spine disorder, right-upper-extremity radiculopathy, and left-upper-extremity radiculopathy claims should be remanded due to pre-decisional duty-to-assist errors.

The Veteran's GERD with hiatal hernia is granted an initial disability rating of 10 percent, effective February 1, 2017. The Veteran's cervical strain is denied a higher initial disability rating.

The Veteran's cervical strain is currently rated at 30 percent, effective July 10, 2019. The Board has granted this rating and remanded the issues of increased ratings for left and right upper extremity radiculopathy.

The Veteran's acquired psychiatric disability, diagnosed as major depressive disorder, is granted service connection. Service connection for chronic cervical spine pain and chronic low back pain is denied.

The Board has remanded the Veteran's claims for service connection for various wrist, knee, shoulder, and elbow disabilities due to outstanding medical records not being considered in the original decision.

The Veteran's non-Hodgkin's lymphoma is rated at 100% due to remission. Service connection for bilateral hearing loss, tinnitus, psychiatric disorder (chronic pain/mental health), right hip disorder, left hip disability, and cervical strain are all denied.

The Board has granted the Veteran's claims for service connection for right shoulder condition, cervical spine condition, and right upper extremity nerve damage. The claim for service connection for right wrist carpal tunnel syndrome is remanded.

The Veteran's claim for a total disability rating based on individual unemployability prior to June 1, 2009 was denied as the percentage requirements for schedular entitlement were not met before that date. The effective date of TDIU is set at June 1, 2009.

The Board has remanded the cases due to duty-to-assist errors, including inadequate medical opinions and failure to consider toxic exposure. The Veteran's service-connected bilateral foot disability is conceded.

The Veteran's service-connected disabilities, including asthma, cervical spine degenerative joint disease, bilateral knee degenerative joint disease, left ear hearing loss, and lumbar spine degenerative arthritis, prevented him from obtaining and maintaining substantially gainful employment consistent with his educational and vocational experience. The Board granted TDIU effective September 25, 2018.

The Board has denied the Veteran's claims for service connection for PTSD, hypertension, a left-hand disability, and a neck disability due to lack of evidence linking these conditions to his military service or any incident therein.

The Board found that the severance of service connection for neck and bilateral upper extremity disabilities was improper, as there was no clear and unmistakable error in the original grant of service connection. The appeal is granted.