Neck / cervical spine Board decisions

The Veteran's degenerative disc disease to the cervical spine is related to his military service and has been granted.

The Veteran was awarded a TDIU effective January 24, 2014. The Board found the evidence at least in equipoise as to whether his service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation during the period from May 15, 2013 (the date following his last day of full-time employment) and awarded TDIU on an extraschedular basis.

The Board has remanded the case due to errors in obtaining relevant medical records and providing an adequate opinion regarding the relationship between the Veteran's service-connected disabilities and his obstructive sleep apnea.

The Board has denied the Veteran's claims for service connection for low back strain (lumbar spine) and cervical spine spondylosis disabilities, finding that there is no evidence to support a nexus between these conditions and his military service.

The Board has determined that new examinations are needed to evaluate the Veteran's cervical spine and lumbar spine disabilities due to outdated examination records. The VA will also obtain any private treatment records for bilateral hearing loss.

The Board has granted the appellant's application to reopen his previously denied claims for service connection for DDD of the lumbar spine, cervical spine, and lupus. The cases are now remanded for further development.

The Board has remanded the claims of service connection for cervical spine and right shoulder disabilities due to errors in the previous decision, including failing to consider in-service diagnoses and outdated legal standards.

The Board denied the Veteran's claims for service connection for a lumbar spine disability and increased ratings for his cervical spine disability and left upper extremity radiculopathy. The Board found that there was no evidence of a direct link between the Veteran’s current disabilities and his military service, or secondary to his service-connected cervical spine disability.

The Board denied the Veteran's claim for service connection for a cervical spine disability, finding that there is no evidence of neck pain or injury during service and no chronic condition following service. The Board also denied an initial rating in excess of 40 percent for lumbar spine disability.,There was no exposure basis provided (e.g., burn pit, Agent Orange, Camp Lejeune, radiation, Gulf War).

The Veteran's service-connected disabilities prevented him from obtaining and maintaining substantially gainful employment from December 25, 2013 through September 7, 2017.

The Board has determined that the Veteran's service-connected disabilities at least as likely as not result in him needing regular aid and attendance of another person, warranting entitlement to special monthly compensation (SMC) based on the need for regular aid and attendance.

The Board denied service connection for cervical spine disability, right upper extremity cervical radiculopathy, and left upper extremity cervical radiculopathy as these conditions were not shown to be related to the Veteran's active duty service.,Service connection was also denied for bilateral upper extremity cervical radiculopathy due to lack of evidence showing a relationship between the condition and the Veteran's military service.

The Veteran's broken bones claim is denied as there is no current diagnosed condition.,The Veteran's migraine headaches claim is denied due to lack of a causal relationship with service.,The Veteran's cervical spine disability claim is denied based on the absence of a link between the 1994 car accident and current symptoms.,The Veteran's right shoulder disability claim is denied as there is no evidence linking it to service or the 1994 car accident.,The Veteran's left shoulder disability claim is denied for similar reasons.,The Veteran's acquired psychiatric disorder (PTSD) claim is denied due to lack of a causal relationship with service.

The Veteran's claim for service connection for syphilis is denied as he does not have a current disability. The Veteran's cervical strain claim is remanded due to new evidence being added to the claims file.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities, finding that his service-connected conditions did not preclude him from securing or following substantially gainful employment.

The appeal for a disability rating in excess of 10 percent for eye movement spasms and photophobia due to TBI (also claimed as sensitivity to light, nystagmus, and convergence palsy) is dismissed.,The appeal for a disability rating in excess of 10 percent for cervical spine degenerative disc disease with cervical strain (previously rated as cervical strain) is dismissed.,The appeal for service connection for right bicep muscle strain is dismissed.,The appeal for service connection for right elbow disability with weakness in the right hand is dismissed.,The appeals for service connection for right knee and left knee disabilities are remanded.,The appeal for loss of feeling of the right hand is also remanded.

The Veteran's claims for increased ratings for cervical spine disability, left upper extremity radiculopathy, and right upper extremity radiculopathy were denied as the evidence did not meet the criteria for a higher rating under VA regulations.

The Board has granted service connection for a neck disability, finding that the evidence is at least in equipoise as to whether it is related to active duty service.

The Veteran's claims for service connection have been granted for lumbar and heart disabilities, bilateral hearing loss disability. The remaining claims were denied.

The Veteran's cervical strain disability is being remanded for a new VA examination to determine the extent and severity of her service-connected condition, including any additional diagnoses. The examiner must provide an opinion on whether these additional diagnoses are related to the service-connected cervical strain.,A new VA examination is needed to address whether the Veteran’s RUE disabilities (other than cervical radiculopathy) are secondary to her service-connected right shoulder and cervical spine disabilities or if they have a separate etiology. The examiner must differentiate between symptoms attributable to the service-connected condition and those attributable to nonservice-connected conditions.,The Veteran's asthma is being remanded for a new VA examination to determine whether it was caused by environmental exposures during Desert Storm/Shield, aggravated by her service-connected allergic rhinitis, or has a separate etiology. The examiner must provide an opinion on the relationship between these factors.