Neck / cervical spine decisions — 2003

The veteran's service-connected degenerative disc disease of the lumbosacral spine, cervical spine, and thoracic spine have been granted initial disability ratings. However, his carpal tunnel syndrome of the right wrist remains at a noncompensable (zero percent) rating.

The veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to assess the current severity of his service-connected cervical spine and lumbar spine disabilities. The RO will also consider the new schedular criteria for evaluation of intervertebral disc syndrome that became effective September 23, 2002.

The veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling examinations. The RO will then re-adjudicate the claims under the appropriate rating criteria.

The Board has remanded the case for additional development to comply with the Veterans Claims Assistance Act of 2000 (VCAA). The veteran's claim for service connection for a back disorder is being considered.

The Board has determined that the veteran's current cervical spondylosis and lumbar stenosis are as likely as not related to his service, specifically a parachute landing in 1944 during combat. As such, service connection for these conditions is granted.

The veteran's service-connected low back disability, cervical spine injury, right knee disorder, left knee disorder, and gastroesophageal reflux disease with headaches have been granted. The veteran is now rated at the maximum available rating for his low back disability as of September 19, 2001.

The veteran's claims for increased ratings and TDIU were denied. The RO granted increased evaluations for his right foot disability, scars of the face and neck, and donor site scar of the iliac crest.

The Board has ordered further development due to the need for new evidence. The case is now being remanded back to the RO for additional development, including requesting records from the Social Security Administration.

The veteran's claims for benefits under 38 U.S.C.A. § 1151 and 38 C.F.R. § 3.324 were denied as his conditions did not meet the criteria for compensation or a rating.

The veteran's claim for a higher rating for his service-connected cervical diskectomy and fusion was denied as the evidence did not meet the criteria for a rating in excess of 20 percent.

The Board finds that the preponderance of the evidence is against the veteran's claims for service connection for pes planus and a cervical spine disability. The veteran's disabilities are not related to her military service.

The VA denied increased evaluations for the veteran's cervical laminectomy wound and right foot surgery, maintaining their current 10 percent ratings.

The Board has determined that the veteran's low back disability, cervical spine disability, bilateral arm and leg disabilities are not service-connected due to lack of evidence showing their onset or aggravation during his military service.

The Board granted service connection for cervical spondylosis with cervical disc disease, finding that the veteran's current disability is more likely than not related to his in-service injury. The other claims are pending and need further development.

The Board has ordered further development due to pending issues regarding the veteran's cervical spine disability. The case is now being sent back for additional evidence and consideration.

The veteran's claim for a higher initial rating for his service-connected compression fracture of the cervical and dorsal spine is being remanded due to procedural issues related to notification and development under the Veterans Claims Assistance Act of 2000.

The veteran's appeal is being remanded for additional development to ensure compliance with the Veterans Claims Assistance Act of 2000 and other relevant regulations.

The veteran's cervical spine disability was initially rated at 0 percent, retroactively effective from March 24, 1995. It was increased to 20 percent effective August 29, 2000, and further increased to 30 percent effective August 24, 2002.

The Board has ordered further development due to pending issues regarding the veteran's cervical lymphadenopathy. The case is now remanded for additional evidence and examination.

The veteran's claims for increased ratings were denied as his service-connected conditions do not warrant a higher evaluation based on the current evidence of record.