Neck / cervical spine Board decisions

The Veteran's application for PCAFC benefits was remanded due to a legal error in the initial decision, as her other service-connected conditions also required personal care services. The Board found that the medical opinion did not adequately address these additional conditions.

The Board has dismissed the appeal regarding an initial compensable rating for scar, lower lumbar spine. The cervical spine disability is granted a 20 percent rating, but no higher. The lumbar spine disability remains at a 10 percent rating.

The Board has remanded the Veteran's claims for cervical and lumbosacral spine disabilities due to a pre-decisional duty to assist error, specifically regarding the absence of contemporaneous service treatment records. The Board finds that addendum medical opinions are needed to determine the etiology of these disabilities.

The Veteran's cervical spine condition, lumbar spine condition, right lower extremity radiculopathy, left lower extremity radiculopathy, right upper extremity radiculopathy and right knee condition are all granted. The Veteran's bilateral hearing loss is denied.

The Veteran is granted special monthly compensation based on aid and attendance for the period of February 27, 2014, to January 14, 2019, and from September 1, 2020.

The Veteran's cervical spine conditions are found to be related to service, while his right shoulder and knee conditions are not. The Veteran is granted service connection for these conditions.

The Veteran's cervical spine disabilities, including degenerative arthritis and intervertebral disc syndrome (IVDS), are related to her active duty service.,The Veteran's bilateral upper extremity radiculopathy is the result of her now service-connected cervical spine disabilities. The Veteran's migraine headaches are being remanded for further evaluation.

The Veteran's right upper extremity cervical radiculopathy is now rated at 40 percent, effective March 6, 2021. The left upper extremity cervical radiculopathy remains at a 20 percent rating.

The Board has determined that the Veteran's cervical strain is related to his service, and thus grants service connection for this condition.

The Board has dismissed the Veteran's appeals for service connection for lumbar spine, bilateral hips, bilateral knees, and cervical spine due to the Veteran's request for withdrawal of his appeal.

The Veteran's claim for increased ratings and other benefits was denied. The rating for the Veteran's other specified trauma and stressor related disorder remains at 70 percent, while initial and subsequent ratings for cervical spine strain were granted but not higher than 30 percent. Separate ratings for left and right upper extremity radiculopathy were also granted.

The Veteran's left knee, right knee, and neck disabilities are all granted as service-connected.,PTSD with traumatic brain injury is granted for an initial rating of 70 percent.

The Board has remanded the claims for service connection of neck and back disabilities due to insufficient medical opinions addressing the Veteran's MOS, STRs, lay statements, and private medical records.

The Veteran's claim for compensation under 38 U.S.C. § 1151 for a cervical spine disorder is remanded due to the submission of new and relevant evidence, including MRI findings and testimony from the Veteran.

The claims for prostate cancer, diabetes mellitus II, and high blood pressure remain denied as new and relevant evidence has not been received.,The claims for cervical spine condition, left ankle condition, right ankle condition, left hip condition, right hip condition, left shoulder condition, right shoulder condition, left knee condition, and right knee condition are all denied due to lack of service connection or no showing of a nexus between the conditions and service.

The Board has determined that the Veteran's neck disability, diagnosed as a cervical strain, manifested during service and is related to service. Therefore, the claim for service connection for neck disability is granted.

The Veteran's appeals for service connection for a left arm disability and blurred vision have been dismissed.,The Veteran's appeals for service connection for various foot, knee, hip, back, neck, and headache disabilities are being remanded.

The appeal for service connection of right and left knee disorders, as well as evaluations for left ear hearing loss, right shoulder, and left shoulder has been dismissed.,The appeals for service connection of chronic fatigue syndrome (CFS) claimed as chronic tiredness, disability claimed as frequent sickness due to burn pits, and sleep apnea and sleep difficulties have also been dismissed.

The Veteran's appeal for increased ratings and service connection claims were denied. The rating in excess of 30 percent for major depressive disorder with anxious distress and alcohol use disorder was denied, as the symptoms did not meet the criteria for a higher rating. Hypertension and allergic rhinitis were also denied as they did not meet the required diagnostic criteria.

The Veteran's service-connected disabilities have prevented him from obtaining and maintaining substantially gainful employment consistent with his education and work history, leading to a TDIU rating.