Neck / cervical spine decisions — 2001

The Board has granted service connection for a cervical spine disorder, finding that the appellant's pre-existing condition worsened during active duty in the Persian Gulf. The other issues remain pending and will be addressed in the remand section.

The Board has determined that new and material evidence has been presented to reopen the veteran's claim for service connection for PTSD. The veteran is granted service connection for PTSD as it is found to be related to an in-service stressor.

The Board has determined that the veteran's cervical spine disorder and headaches were not incurred in or aggravated by active service.

The veteran's lumbosacral strain, cervical spine disability, and left foot disability have been granted increased ratings to a total of 40 percent.

The veteran's cervical spine disorder is currently evaluated at a 20 percent rating.,Service connection for tinnitus has been granted.

The Board has separated the issues of service connection for compression fracture of the cervical spine and crushed coccyx into two distinct claims. The veteran's claim for service connection for these conditions was denied as not well grounded, due to a lack of evidence showing an injury in service or continuity of symptomatology postservice.

The Board has granted a 60 percent evaluation for the veteran's disability of the cervical spine, effective July 1998. The left shoulder disability remains at 30 percent.

The Board found that the veteran's cervical strain did not start during service and is not related to service, thus denying his claim for service connection.

The veteran's calluses on both feet are rated at 50% since the effective date of service connection. The cervical spine disability is currently rated at 10%. Both ratings remain unchanged.

The Board has determined that the veteran's claimed cervical spine disability and headaches are not related to service, any incident of service, or an undiagnosed illness. Therefore, service connection for these conditions is denied.

The Board of Veterans' Appeals (BVA) has denied the veteran's claims for service connection for a cervical spine disability and a psychiatric disability. The issues were not resolved in favor of the veteran.

The Board has granted service connection for left footdrop and cervical disc disease as secondary to the veteran's service-connected thoracic and lumbar spine disability. The veteran is also entitled to a 60 percent evaluation for his service-connected degenerative changes of the thoracic and lumbar spine, which is the maximum schedular evaluation available.

The Board has remanded the case for further development and consideration of direct service connection for a cervical spine disorder, as well as secondary service connection for a cervical spine disorder. The veteran's claim will be reviewed again to determine if there is any additional evidence or information that needs to be obtained.

The Board denied the veteran's claims for service connection for various back conditions, finding that there was no prior authorization from VA for the private medical care received and that the treatment did not relate to a service-connected disability.

The veteran's claims for increased ratings for his service-connected irritable bowel syndrome, cervical spine, and lumbar spine disorders are being remanded due to the need for additional development including medical examinations.

The VA Board of Veterans' Appeals has determined that the veteran's current cervical spine disability, including degenerative arthritis and neurological impairment, is not related to his active service.

The Board has vacated its October 1998 decision and remanded the case to develop and readjudicate the neck, left hip, and ulcer claims in light of recent legislation. The back and psychiatric claims are deemed intertwined with the neck claim.

The Board has determined that the claim on appeal must be remanded to ensure compliance with due process considerations, including providing a supplemental statement of the case and considering whether new and material evidence has been submitted to reopen the service connection claims for cervical spine, lumbar spine, and knee disabilities.

The Board denied the veteran's request for an earlier effective date of April 19, 2001, for a grant of TDIU due to his service-connected disabilities. The RO found that the claim was received on April 19, 2001.

The Board denied the veteran's claims for increased evaluations for his cervical myelopathy and residuals of a compression fracture at C3-4, with C5 corpectomy. The appeals were based on service-connected conditions.