Neck / cervical spine decisions — 2001

The Board has dismissed the appeal due to the veteran's death.

The Board found that the veteran's injuries were due to his own willful misconduct, as evidenced by his admission of drinking too much alcohol and driving too fast.

The appeal is being remanded for additional development and consideration of the veteran's claims, including obtaining a complete rationale from VA examiners and recent treatment records.

The Board has remanded the case due to changes in the law brought about by the Veterans Claims Assistance Act of 2000, requiring additional development and consideration.

The Board denied the veteran's claims for service connection for various conditions, including narcolepsy, carpal tunnel syndrome of the left wrist, tendonitis (claimed as left arm pain), hypertension, sinus bradycardia, lumbosacral strain with degenerative joint disease and sciatica, and cervical degenerative joint disease. The appeal is denied.

The veteran's appeal was dismissed because he did not file a timely Substantive Appeal within the required time limits.

The veteran's unauthorized medical services at St. Luke's Regional Medical Center on July 19, 1999 were reimbursed by the VA because they involved his service-connected conditions and there was a medical emergency that required immediate treatment.

The Board has determined that the veteran submitted new and material evidence to reopen his claim of entitlement to service connection for a neck disability, as he now has current disability from cervical spondylosis.

The Board denied the veteran's claims for service connection for various conditions, finding that new and material evidence had not been submitted to reopen these claims.

The Board has reopened the veteran's claim of service connection for residuals of a back injury (claimed as lumbar and cervical spine disorders) due to new medical evidence submitted since the 1984 rating decision. The claim is now considered for further review.

The Board has granted service connection for cervical spine arthritis, lumbar spine arthritis, and left knee degenerative changes based on the opinion of a VA physician who reviewed the claims folder and remaining service medical records.

The Board has remanded the case to ensure full compliance with due process requirements and for a new videoconference hearing. The veteran's claims of service connection for a cervical spine disorder and an evaluation higher than 40 percent for a low back disorder are pending.

The Board finds that the veteran's status post C4-5 cervical diskectomy is manifested by moderate symptoms, with recurring attacks and grants a 20 percent disability rating.

The Board has determined that the claim for service connection for degenerative disc disease of the cervical spine at C5-C6, claimed as nerve problems in the neck is denied due to lack of evidence establishing a link between the disability and service.

The veteran's claims for earlier effective dates for his cervical spine disability and PTSD have been granted, with the cervical spine claim receiving a 40% evaluation effective December 30, 1996.

The veteran's appeal has been dismissed due to their death, and the Board has no jurisdiction to adjudicate the merits of this case.

The Board found that the veteran's nonservice-connected conditions do not meet the criteria for a permanent and total disability rating for pension purposes due to their combined effect on his ability to engage in substantially gainful employment.

The Board has remanded both issues for additional development, including obtaining records from VA Medical Centers and scheduling a hearing. The appeal is now pending again.

The Board has determined that the veteran's congenital cervical and thoracic scoliosis is not a disease or injury, but rather a congenital defect. There was no superimposed disease or injury in service, and thus service connection cannot be granted.

The Board has granted service connection for thoracic-scapular strain and cervical spine symptomatology, effective from December 5, 1992. The veteran's claim was filed within one year of his separation from active duty.