Neck / cervical spine decisions — 2003

The veteran's claims for increased evaluations and service connection are being remanded due to the need for compliance with the Veterans Claims Assistance Act of 2000, including notification requirements under 38 U.S.C.A. § 5103(a) and 38 C.F.R. § 3.159.

The Board has determined that the veteran's arthritis of the spine and headaches were not incurred or aggravated by service, and thus denied both claims.

The Board has ordered further development in the veteran's case, including additional medical examinations and review of evidence. The appeal is currently remanded to allow for these actions.

The veteran's cervical spine disability is being remanded for further development to determine if it was caused by carelessness, negligence, or lack of proper skill on the part of VA in furnishing March 1999 hospital care.

The Board found that the veteran's cervical spine disability was not incurred in or aggravated by service and denied his claim for service connection.

The veteran's claims for increased ratings and evaluations were denied. The Board found that the criteria for an evaluation in excess of 10 percent for tinnitus have not been met, as his bilateral tinnitus did not manifest with an exceptional or unusual disability picture to include marked interference with employment or frequent periods of hospitalization.

The Board found that the June 1980 rating decision denying service connection for tinnitus was not clearly and unmistakably erroneous. The veteran's claim for increased rating of cervical degenerative disc disease and TDIU is remanded for further development.

The Board has dismissed the veteran's appeal as he withdrew his claims for service connection for a neck disability and tinnitus.

The veteran's appeal is being remanded due to procedural issues, and the RO must ensure all VCAA notice obligations have been satisfied before readjudicating the claims.

The Board has ordered further development due to the need for additional evidence. The case is now being sent back to the RO for specific actions, including obtaining verification of the veteran's duty status and arranging for an orthopedic examination.

The veteran's appeal is being remanded for further development and consideration of his claims, including scheduling VA examinations to assess the severity of his service-connected disabilities.

The Board found no clear and unmistakable error (CUE) in the September 1998 rating decision that denied an increased rating for cervical spine disability and service connection for PTSD.

The veteran's appeal is for a total rating based upon individual unemployability due to service-connected disabilities. The RO must ensure all VCAA notice obligations have been satisfied and request all pertinent medical records from the veteran's providers. They should also schedule VA orthopedic, audiological, and special audio examinations to determine the nature and current severity of his service-connected conditions.

The Board has granted the veteran's claims for service connection for cervical spine strain and degenerative changes of the thoracic spine, finding that these conditions are at least as likely as not related to service.

The Board has denied the veteran's claims for increased ratings for hemorrhoids, left ear hearing loss, degenerative disc disease of the lumbar spine, and degenerative disc disease of the cervical spine.

The Board denied service connection for the cause of the veteran's death due to a lack of evidence linking his cardiovascular disease to his military service. The DIC claim was also denied as the veteran did not meet the criteria for total disability based on individual unemployability.

The Board has established service connection for the veteran's lumbar spine disability, finding that it is related to his period of active service.

The Board denied service connection for fusion of the cervical spine and degenerative disc disease of the cervical spine, finding that these conditions are congenital in nature and not related to active military service.

The veteran's claims for increased ratings for cervical, thoracic, and lumbar spine disabilities are being remanded to the RO for further development.

The veteran's claim for service connection for a back disability was reopened, resulting in the grant of entitlement to service connection. The rating for her cervical spine disability remains at 30 percent prior to June 26, 1997 and increases to an unspecified higher percentage after that date.