Neck / cervical spine decisions — 2004

The veteran's cervical spine disability was granted effective March 11, 1993. The claim for an earlier effective date of November 9, 1993 is granted as this is the earliest date on which it is ascertainable that his disability warranted a 60 percent rating.

The veteran's appeal is being remanded for additional development and consideration of his claims for an increased rating for cervical strain and entitlement to vocational rehabilitation training.

The Board has determined that service connection is not warranted for the veteran's claimed cervical spine disorder, left ankle disorder, bilateral hip disorder, and left knee disorder. The evidence does not support a finding of direct service connection or secondary service connection.

The veteran's appeal is being remanded for further development to ensure compliance with the Veterans Claims Assistance Act of 2000 (VCAA).

The Board has denied the veteran's claims for a compensable evaluation for a left trapezius muscle scar, service connection for a cervical spine disability and headaches as secondary to his residuals of a left shoulder injury.

The veteran's appeal is remanded due to the need for updated VA examination and notification of new rating criteria.

The veteran's service-connected cervical spine disability is rated at 20 percent, and he is also rated at 10 percent for migraine headaches. His combined rating is 40 percent. The Board found that the evidence does not support a higher schedular rating.

The veteran's cervical spine disability is currently rated at 40 percent, and his PTSD is rated at 50 percent. Both conditions are granted.

The Board has dismissed the veteran's appeal for service connection of a cervical spine disability due to his withdrawal of the appeal. The issue of low back disability is still pending.

The Board denied the veteran's claims for service connection for a cervical spine disorder and residuals of a right knee injury, as well as his claim for non-service-connected pension benefits. The decision also noted that the veteran had served in ACDUTRA (Active Duty Training) during November 16, 1971 to February 19, 1972.

The VA denied service connection for degenerative disc disease of the cervical spine, finding no evidence linking it to active military service.

The veteran's appeal is being remanded to the RO for scheduling a video conference hearing. The case will be returned to the Board after the hearing.

The Board denied service connection for residuals of a head injury, right shoulder disability, and neck disability. The decision also found that new and material evidence had not been submitted to reopen the claim for residuals of a head injury.

The veteran's claims for increased evaluations and an earlier effective date are being remanded due to the need for additional development of evidence.

The Board dismissed the appeals of service connection for pancreatitis and malnutrition, cervical spine disability, and duodenal ulcer with gastritis due to a lack of timely filed substantive appeal. The lumbar spine degenerative disc disease is rated at 40 percent.

The Board has determined that new and material evidence has been received to reopen the veteran's claim for service connection for PTSD. The claims for service connection for residuals of degenerative joint and disc disease of the cervical spine and lumbar spine are denied as there is no evidence showing these conditions were incurred in or aggravated by active service.

The Board found insufficient evidence to establish service connection for head injuries, cervical spine, or lumbar spine disabilities. The veteran's complaints were not chronic and no current disability was shown.

The veteran's cervical spine disorder is not service-connected, and his lumbar spine disability does not meet the criteria for a higher evaluation. The Board has remanded the issue of total disability rating based upon individual unemployability due to service-connected disabilities.

The Board has determined that the veteran's service-connected residuals of cervical spine dislocation warrant a 20 percent rating, effective from August 14, 2001.

The veteran is seeking service connection for a cervical spine disorder, which he attributes to an inservice injury. The Board finds there are additional records needed and remands the case for further development.