Neck / cervical spine decisions — 2001

The Board found that the veteran's service connection claims for her claimed disabilities were not well grounded due to a lack of verified in-service injury and duty status.

The Board has reopened the veteran's claim for service connection for a neck disability. The RO must ensure that all notification and development action required by the Veterans Claims Assistance Act of 2000 is completed, including reviewing the claims file to ensure compliance with the new law.

The Board denied the veteran's claims for increased evaluations of his PTSD, cervical spine disability, lumbar spine injury residuals, and right ankle fracture. The evidence did not support a higher evaluation under any applicable diagnostic codes.

The Board has determined that a VA examination and opinion are required to properly adjudicate the veteran's claims for service connection for optic neuritis and for an increased rating for cervical spine disability. The case is being remanded to allow for these actions.

The Board finds that the veteran's current cervical spondylosis is related to his service injury in October 1968, resolving the claim for service connection.

The Board has determined that the veteran is unemployable due to non-service-connected disabilities, including cervical spondylosis with disc herniation at C5-C6, mood disorder, hypertension, flexion deformity of the right fifth finger, symptoms related to back pain, and gastrointestinal disorder. The combined evaluation meets the schedular criteria for a permanent and total disability rating.

The Board found that the veteran's cervical spine and shoulder arthritis were not incurred or aggravated during service, and denied his claims for service connection.

The Board has determined that the veteran's claimed conditions are not service-connected, as there is no evidence of a nexus between his current disabilities and his military service.

The veteran's cervical spine disability was granted a 20% evaluation effective July 23, 1993. The right femur fracture residuals were also granted a 10% evaluation effective the same date.

The veteran's claims for increased evaluations of his service-connected low back and cervical spine disorders are being remanded due to the need for additional development, including obtaining medical records and ensuring compliance with notification requirements under the Veterans Claims Assistance Act of 2000.

The Board has denied the veteran's claims for service connection for a cervical spine disability and traumatic arthritis of the right shoulder and neck, finding that there is no medical evidence linking these conditions to his in-service burns or any other service-connected condition.

The Board has granted service connection for arthritis of the right shoulder, cervical spine, and lumbar spine. Service connection was denied for any current eye disorder other than refractive error.

The veteran's claims for service connection and increased evaluations for his bilateral carpal tunnel syndrome are being remanded due to the need for additional development, including VA examinations.

The Board has granted the veteran's claims for service connection and increased ratings for his right and left trapezius and scapular muscles with chronic rotator cuff impingement and tendonitis, effective June 1, 1995. The effective dates for these determinations are April 5, 1993.

The veteran's claims for increased evaluations were denied across multiple issues, including cervical spine, left knee, right radius fracture, jaw injury with TMJ syndrome, and hip fractures. The RO assigned initial non-compensable ratings in June 1991 and revised them to 10 percent effective April 22, 1992.

The Board has remanded the issues of service connection for various claimed disabilities due to insufficient evidence or further development is needed.

The Board has remanded the case for additional development due to changes in the law, including compliance with the Veterans Claims Assistance Act of 2000 (VCAA). The veteran's claims are related to service connection and new evidence.

The veteran's claims for increased evaluations for his service-connected degenerative joint and disc disease of the lumbosacral spine and cervical spine are being remanded to allow for further development, including a VA examination.

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

The Board has determined that the veteran's right shoulder and cervical spine conditions are service-connected, with the right shoulder condition being secondary to his service-connected right forearm gunshot wound residuals.