Neck / cervical spine decisions — 2004

The VA determined that the veteran's cervical spine disorder was not incurred or aggravated by service, and thus denied his claim.

The Board denied the veteran's claims for service connection for right acromioclavicular joint disability and cervical spine disability, finding that these conditions were not incurred in or aggravated by active service. The claim for increased rating of right humerus fracture residuals was also denied.

The Board denied the veteran's claim for an earlier effective date for the grant of compensable evaluations for degenerative disc disease of the lumbar and cervical spine, finding that the earliest date that may be assigned as the effective date is September 20, 1996.

The veteran's claims for increased ratings for cervical spine disorder and headaches were denied. The VA determined that the veteran's headaches did not meet the criteria for a higher rating based on characteristic prostrating attacks.

The veteran's appeal is being remanded for additional development, including obtaining service medical records and providing the veteran with VA examinations to determine if his current disabilities are related to his military service.

The Board denied the veteran's claims for service connection for cervical spine injury and dorsal kyphosis, status post spinal fusion T10-T12. The Board found that pre-existing dorsal kyphosis was not incurred or aggravated by active service, and there is no evidence of a current cervical spine disability of service origin.

The Board has determined that the veteran's current cervical spine condition, including headaches and numbness of the right arm, is service-connected. The remaining claims for asthma, TMJ syndrome, a right shoulder disability, bilateral knee disabilities, and left ankle or foot disabilities are remanded for further development.

The Board has remanded the veteran's claim for a cervical spine disorder due to inadequate notice of VCAA provisions and failure to provide VA examinations. The RO is instructed to comply with these instructions.

The veteran's disabilities do not meet the criteria for special monthly pension on account of need for regular aid and attendance or at the housebound rate.

The Board has denied the veteran's claims for service connection for bilateral eye disability, right knee disability, cervical spine disability, and right arm and shoulder disability. The evidence does not support a finding of in-service injury or disease related to these conditions.

The Board denied service connection for seizure disorder and cervical spine disability, finding that these conditions were not related to service.

The Board has determined that the veteran's coronary artery disease is related to service, and thus granted service connection.,Regarding the back injury claim, the Board found no evidence linking it to service.

The veteran's cervical spine disorder was granted a 30 percent evaluation effective August 12, 2001.

The Board has remanded the case for additional development due to incomplete notification and development action required by the Veterans Claims Assistance Act of 2000 (VCAA). The appellant's claim on appeal is related to his service-connected arthritis of the mid-cervical spine, which was evaluated as 10 percent disabling.

The Board found that the veteran's seizure and resulting injuries were not caused by negligence or fault on the part of VA, and thus denied his claim for compensation under 38 U.S.C.A. § 1151.

The veteran's appeal is being remanded due to incomplete records and the need for further development, including obtaining medical records from a hospital in 1960.

The Board has determined that the appellant's cervical spine spondylosis is not related to his military service and therefore denied his claim for service connection.

The Board found that the veteran does not have cervical syringomyelia, lumbosacral strain, or scoliosis related to his active service. The veteran's only compensable service-connected disability is residuals of frostbite of the left 2nd and 4th fingertips, which do not meet the criteria for a total rating based on individual unemployability.

The Board denied the veteran's claims for service connection for chronic acquired lumbar and cervical spine disorders, finding that there was no evidence linking these conditions to his military service.

The Board has granted service connection for the veteran's degenerative joint disease of the cervical spine, finding that it is not dissociable from her already service-connected degenerative arthritis in her thoracic and lumbar spine areas.