Neck / cervical spine decisions — 2003

The Board has remanded the case for further development due to missing evidence and a need to consider recent MRI studies.

The veteran's claim for an initial rating in excess of 20 percent for degenerative disc disease of the cervical spine is being remanded due to procedural deficiencies and the need for additional development, including a VA examination.

The Board has determined that the veteran's current cervical spine degenerative arthritis was made worse by a fall during service, and thus grants service connection for residuals of a neck injury.

The veteran's claims for increased evaluations of his low back and cervical spine disabilities were denied by the Board. The low back disability was rated at 40 percent, while the cervical spine disability remained at 10 percent.

The Board found that the December 1967 rating decision was not clearly and unmistakably erroneous, and denied the veteran's request for an earlier effective date for his total disability rating based on individual unemployability.

The VA determined that the veteran's additional disability did not result from the April 1995 cervical spine surgery, and thus denied his claim for compensation under 38 U.S.C.A. § 1151.

The Board has determined that there is no evidence to support the veteran's claims of service connection for myositis of the left thigh muscle and degenerative joint disease of the cervical and lumbosacral spine, as these conditions are not related to his military service.

The Board has granted service connection for a right ankle sprain and cervical spine discogenic pain, finding that these conditions are causally linked to the veteran's active duty service.

The Board has remanded the case for clarification of a VA neurological opinion regarding whether the veteran's cervical spine disorder is caused or aggravated by service-connected lumbar strain and/or residuals of a postoperative left shoulder dislocation.

The Board has ordered additional development to obtain service records and medical opinions regarding the veteran's claimed conditions.

The veteran's appeal is being remanded for additional development to determine the nature and etiology of his claimed lymphedema and spine conditions.

The veteran's claim for an increased evaluation for his cervical spine disability is being remanded due to the need for additional development, including a new VA examination under both old and revised rating criteria.

The Board has determined that the veteran's bilateral hearing loss, tinnitus, headaches, neck stiffness, facial numbness, leg problems, and urinary tract issues are all service-connected as residuals of an in-service head injury.

The Board has determined that the veteran's arthritis of the cervical and thoracic spine did not begin during service or is otherwise related to his military service. The evaluation for his post-operative right inguinal hernia remains at 10 percent.

The Board has determined that the veteran's residuals of a cervical spine fracture with limitation of motion warrant a 30 percent disability rating, effective from the date of the July 2000 rating decision.

The Board denied the veteran's claims for service connection for a lumbar spine condition, cervical discogenic disease, and left gluteal myositis. The evidence did not support these claims.

The Board denied the veteran's claim for service connection for cervical high thoracic root dysfunction, finding that there was no clinical or anatomical correlation between the disability and his service-connected left distal humerus chip fracture.

The Board has ordered further development due to pending issues and new evidence. The case is now remanded for additional consideration.

The Board has determined that the veteran's service-connected cervical spine and bilateral knee disabilities do not warrant an increased rating as there is no evidence of more than slight impairment in motion or arthritis.