Neck / cervical spine decisions — 2004

The veteran's appeal is remanded due to the need for additional development and examination, including review of new rating criteria for spine and intervertebral disc syndrome.

The Board granted an effective date of May 31, 1986 for the veteran's service connection for organic mood disorder secondary to brain trauma, which was retroactive to August 12, 1989.

The veteran's claim for an increased rating for his service-connected residuals of shell fragment wounds in the cervical region affecting Muscle Group XXII is granted, with a current evaluation of 30 percent.

The veteran's claims for service connection for respiratory disorder (chronic sinusitis) and residuals of renal cell cancer have been granted. The Board is unsure about the status of his cervical spine disability claim, but secondary service connection has been established for peripheral vascular disease affecting both lower extremities.

The Board has determined that the veteran's right elbow disability is service-connected and compensation under 38 U.S.C.A. § 1151 for a cervical spine disorder based on VA medical treatment is granted.

The veteran is seeking service connection for a back injury sustained during military service. The Board has ordered additional development, including obtaining medical records and scheduling the veteran for an examination to determine if his current spine disabilities are related to his military service.

The Board has reopened the veteran's claims for service connection for cervical spine and upper back disabilities, finding that new evidence submitted since the January 1972 rating decision is sufficient to reopen these claims. The RO will now proceed with a determination on whether service connection should be granted.

The veteran's claims for a compensable evaluation for scar, left forehead and service connection for residuals of a head injury (other than a forehead scar) and DDD of the cervical spine and lumbosacral disc bulge were denied. The veteran's claim for GERD was not addressed as it may be related to his service-connected headaches. Service connection claims for hypertension and nerves were also denied.

The veteran's appeal is being remanded for additional development, including obtaining medical records and arranging for VA examinations to assess the impact of his service-connected disabilities on his ability to work.

The veteran's combined disability rating is 50%, which does not meet the criteria for a permanent and total disability rating required for pension purposes. The veteran has multiple disabilities but can still engage in substantial gainful employment.

The veteran's claims for increased ratings and a TDIU rating were denied. His service-connected conditions include PTSD with anxiety neurosis, cervical spine degenerative joint disease, acne, right ureteral calculus, hemorrhoids, bilateral hearing loss, and hiatal hernia.

The Board has determined that the veteran's cervical dysplasia, with residuals, was incurred during her military service and granted service connection for this condition.

The Board has remanded the case for additional development due to incomplete evidence and need for VA examinations.

The Board has remanded the case due to conflicting medical opinions regarding the etiology of the veteran's degenerative disc disease of the cervical spine. The RO is instructed to obtain a medical opinion from a VA examiner to address whether it is as likely as not that the condition is related to an injury or disease in service.

The Board has determined that the veteran's service-connected disabilities do not warrant evaluations in excess of 10 percent for degenerative joint disease of the lumbosacral spine, traumatic arthritis of the cervical spine, and left knee disability.

The Board has granted service connection for nerve damage and finds that a cervical spine injury was not incurred during service. The veteran's left shoulder impairment is currently rated at 20%.

The Board has remanded the case for additional development, including obtaining medical records and scheduling VA examinations to determine if the veteran's cervical spine disorder and fibromyalgia are related to his service-connected disability from right (major) thoracic outlet syndrome with right long thoracic nerve palsy.

The Board has granted an effective date of August 2, 1994 for the 10 percent rating assigned for the veteran's service-connected headaches. The veteran was awarded a 20 percent disability rating for his cervical spine disorder from August 2, 1994.

The Board granted service connection for vasomotor rhinitis and degenerative disc disease of the cervical spine, finding that these conditions were aggravated by in-service injuries. The claims for skull fracture, weakness of the right side of the body due to head injury, and memory loss due to head injury were denied as there was no evidence of a current disability.

The Board denied the veteran's claim for service connection for a cervical spine disorder as secondary to his service-connected left ankle and knee disabilities, finding no evidence of a nexus between these conditions.