Neck / cervical spine Board decisions

Service connection is granted for gastroesophageal reflux disease (GERD), hypertension, cervical strain, and left hamstring impairment. Service connection for chronic fatigue syndrome is remanded.

The Veteran's cervical strain is related to his active service and the claim for this condition has been granted. The claims for hypertension, TBI, back disability, migraine headaches, right knee disability, and left knee disability are remanded due to errors in the duty to assist.

The Veteran requested an earlier effective date for a 40 percent rating for cervical radiculopathy right upper extremity, but the Board found that the earliest date entitlement arose was April 1, 2019, which is after the date of receipt of his claim on September 19, 2012. Therefore, the appeal to have an earlier effective date denied.

The Board has determined that the Veteran's cervical and thoracolumbar spine disabilities are etiologically related to service, granting her claims for these conditions.

The Veteran's appeals for increased ratings for lumbar strain and cervical strain status post cervical fusion, as well as his claims of service connection for left knee strain, ganglion cyst excision without residuals, and residuals, right bicep muscle injury have been dismissed.,The Veteran's appeals for service connection for bilateral hearing loss and OSA have been granted on a limited basis due to the submission of new evidence.

The Veteran's service-connected unspecified depressive disorder (UDD) is granted a rating of 70 percent, but no higher. The issue of entitlement to total disability rating based on individual unemployability (TDIU) has been remanded.

The Veteran's death was not due to service-connected conditions, and the VA examiner's opinion did not address inconsistencies in the autopsy report. The case is remanded for an addendum opinion.

The Board has determined that the Veteran's current cervical spine condition, including cervical degenerative disc disease, intervertebral disc syndrome, and spinal stenosis, is at least as likely as not related to his reported motor vehicle accidents in service. As a result, the claim for service connection for a neck disability is granted.

The Board has granted service connection for obstructive sleep apnea, a left shoulder strain, and a cervical strain with an effective date of March 4, 2019. The decision finds that the Veteran's initial claims were filed on the incorrect form but can be reasonably construed as an intent to file.

The Board has remanded the Veteran's claims for service connection for various joint disorders, including left elbow, right elbow, left hip arthritis, right hip arthritis, left knee, right knee, left ankle, right ankle, left wrist, and right wrist disorders. The issues are related to whether these conditions were incurred or aggravated by active service.

The Board has remanded the claims due to duty-to-assist errors that occurred prior to the January 2020 rating decision on appeal. The RO is instructed to obtain additional VA treatment records and conduct further examinations for the Veteran's claimed conditions.

The Veteran's service-connected disabilities are of sufficient severity to produce unemployability as defined by regulation, and the Board has granted a total disability rating based on individual unemployability (TDIU).

The Veteran's claim of entitlement to service connection for cervical spine arthritis, claimed as neck injury, is being remanded due to a pre-decisional duty-to-assist error. The Board finds that the VA examiner's opinion was inadequate and requires another medical examination.

The Veteran's tinnitus and neck injury are both granted service connection, with the tinnitus being linked to in-service noise exposure and the neck injury found to be secondary to his service-connected lumbosacral strain.

The Board has granted service connection for right and left knee disabilities, as well as a cervical spine disability, all secondary to the Veteran's service-connected back and/or right ankle disabilities. The rating of 50 percent for bilateral plantar fasciitis is also granted from October 7, 2019.

The Board has reduced the Veteran's cervical spine evaluation from 30 percent to 20 percent, finding that her forward flexion improved to 30 degrees. The reduction was proper as it did not affect her overall compensation and there is no evidence of an actual change in disability level.

The Board has determined that the Veteran is unable to self-sustain in the community due to his dementia and other medical conditions, granting a Level 2 stipend in the PCAFC program.

The Board has restored a 40 percent disability rating for the Veteran's cervical spine disability, effective March 1, 2021, finding that there was no sustained improvement in the severity of her condition.

The Board has determined that new and relevant evidence supports the readjudication of the claim for service connection for a cervical spine condition, which is now granted.

The Veteran's appeal for hypertension was withdrawn by the Veteran before a decision could be made. The claims of service connection for bilateral hearing loss and tinnitus were denied as there is no current diagnosis of these conditions.,The Veteran's right shoulder, left shoulder, right knee, left knee, low back disorder, and cervical spine disorder claims are remanded due to conflicting diagnoses and the need for additional medical opinions.