Neck / cervical spine decisions — 2004

The veteran's appeal is being remanded for additional development of his claims, including obtaining medical records and ensuring compliance with notification requirements.

The veteran's claim for service connection for cellulitis of the left leg and heel was denied as there is no evidence of current disability or a nexus to service. The claim for service connection for a chronic disability of the neck or cervical spine remains pending.

The Board has determined that new and material evidence has been presented to reopen the claim of service connection for hearing loss. The veteran's claims for tinnitus, cervical spine disorder, and respiratory disorders are remanded for further development.

The Board has determined that the veteran's cervical spine disability, manifested by severe intervertebral disc syndrome, warrants a 40 percent rating.

The veteran's lipoma from the cervical spine area was not incurred in or aggravated by service. The initial evaluations for chronic sinusitis are denied as they do not meet the criteria for a higher rating.

The Board has granted service connection for PTSD, but the attorney's fee agreement related to this issue is being reviewed due to jurisdictional issues.

The veteran's claims for higher ratings and service connection were denied as the evidence did not support a finding of additional disability due to his service-connected low back disorder.

The veteran's claims for increased ratings of his service-connected cervical and lumbar spine disabilities are being remanded to the RO for further development, including consideration under the revised rating criteria effective September 26, 2003.

The Board denied the veteran's claim for an earlier effective date for service connection of disabilities of the lumbar spine and cervical spine, finding that no legal basis existed to assign such a date.

The Board found that the veteran's current back disability is not related to his active duty service and denied his claim for service connection.

The Board found that the veteran's service-connected conditions did not cause his death from pneumonia, which occurred many years after separation from service.

The VA denied the veteran's claims for a higher rating for his left knee scars and service connection for a lumbar and cervical spine disorder that he claimed was related to his service-connected left knee condition.

The Board has remanded the case due to incomplete medical records and a need for further examination regarding the relationship between the appellant's service-connected bilateral knee disabilities and his cervical spine disability.

The Board has remanded the case for additional development, including locating the veteran's original claims folder and obtaining a VA spine examination.

The veteran seeks service connection for residuals of a cervical spine fracture, including epilepsy/seizures, spinal injuries and paralysis. The RO denied the claim because the injury was determined to be due to his own willful misconduct.

The Board has determined that the veteran's cervical spine degenerative disc disease is related to his in-service injury and grants service connection for this condition.

The Board has determined that the submitted evidence is not new and material, thus denying the veteran's application to reopen his claims for service connection for degenerative joint disease of the lumbar spine and cervical spine.

The Board has remanded the case for additional development due to procedural deficiencies and incomplete medical records.

The Board has granted service connection for a deviated nasal septum and reopened the veteran's claims for right knee, hearing loss, tinnitus, eye disability, lumbar spine, and cervical spine disabilities based on new evidence submitted since the final denial in November 1987.

The veteran's claim for an initial disability rating in excess of 20 percent for his degenerative arthritis of the cervical spine is being remanded due to the need for additional development, including obtaining medical records and scheduling a VA examination.