Neck / cervical spine decisions — 2004

The veteran's claim for service connection for degenerative joint disease of the cervical spine with radiculopathy is being remanded to the RO for additional development.

The Board has granted an effective date of September 11, 1991 for the grant of a 60 percent rating for myositis and DJD of the lumbar spine and for a total disability rating based on individual unemployability.

The Board has determined that the veteran's residuals of a neck injury warrant a 30 percent rating, effective from the date of her claim.

The veteran's claim for service connection for degenerative disc disease of the cervical spine was denied. The RO granted service connection for status post compression fracture of the dorsal spine at D7-8 and arthritis of the lumbar spine, both secondary to his service-connected dorsal and lumbar spine disabilities.

The Board found that the veteran's current low back and cervical spine disabilities are not related to his active duty service, thus denying service connection for these conditions.

The Board has determined that the veteran's claimed conditions are not related to his active service or any service-connected disability, and thus denied all of his claims.

The veteran's claims for increased evaluations of his knee and back disabilities are being remanded due to the receipt of additional evidence. He is also seeking a higher initial evaluation for cervical spine disability.

The veteran's appeal is being remanded for additional development, including obtaining updated medical records and scheduling the veteran for VA examinations to assess his service-connected conditions. The RO will also consider whether a higher rating or staged ratings are warranted for his spondylolisthesis at L5.

The Board found that the veteran's cervical spine and left shoulder disabilities are not related to his service or his service-connected desiccated disc at L4-L5 with posterior disc bulge. The preponderance of evidence does not support a finding in favor of service connection.

The Board denied the veteran's claims for increased ratings for her service-connected elbow disabilities, finding that there was no evidence of additional disability warranting a compensable rating under VA's schedular criteria.

The Board denied the veteran's claims for increased rating for lumbosacral strain and service connection for cervical spine disability, finding that his current ratings were appropriate based on the evidence of record. The claim for PTSD was not discussed in detail as it is a separate issue.

The Board has remanded the case for additional development due to missing medical records and further examination or opinions.

The Board is remanding the veteran's claims for cervical spine disorder, rash on upper lip and nose, and post-traumatic stress disorder to allow for additional development of his medical records and consideration of new evidence.

The veteran is seeking an increased evaluation for his service-connected cervical spine arthritis, which is currently rated at 20 percent. The Board has determined that a new examination and review of the case under both former and revised criteria are necessary.

The Board has granted service connection for residuals of an injury to the lumbar spine and cervical spine, finding that these conditions are related to the veteran's period of active service.

The veteran's appeal is being remanded to the RO for additional development due to a hearing issue and VCAA compliance.

The Board has determined that the veteran does not have any of the claimed conditions as a result of his military service. Service connection is denied for all issues raised in this appeal.

The Board has determined that further development of the medical evidence is needed to determine if a current neck disorder, including degenerative joint and disc disease of the cervical spine, is related to service. The RO should attempt to verify dates of inactive duty for training prior to September 24, 1994, obtain additional National Guard and VA medical records from the early 1980s and 1990s, and schedule a VA examination.

The veteran's multiple chronic conditions, not related to his service, require the regular aid and attendance of another person. His effective date for special monthly pension benefits is set at January 31, 2001.

The veteran's cervical spine disability is service-connected, and his PTSD is rated at 30 percent. The other issues are addressed in the remand portion of this decision.