Neck / cervical spine decisions — 2004

The Board has denied the veteran's claims for service connection for various conditions, including PTSD, fibromyalgia, cervical cancer/dysplasia, ear disorder (otitis media and externa), nasal disorder (upper respiratory infections and sinusitis), headache disorder, jaw disorder, cervical spine disorder, and low back disorder. The evidence received since the October 1993 rating decision does not show that any of these conditions were incurred in or aggravated by service.

The veteran's claim for an increased rating for chronic cervical spine strain is being remanded due to the need for further development, including VA examinations and consideration of new rating criteria.

The Board has determined that the appellant's specific condition of occipital encephalocele, Chiari II malformation, hydrocephalus, and cervical syringomyelia falls within the spectrum of spina bifida. As her mother served in Vietnam, she is entitled to a monetary allowance under 38 U.S.C.A., Chapter 18.

The Board has denied an increased evaluation for the veteran's right wrist disability and has determined that new and material evidence has been received to reopen her claims of service connection for cervical spine narrowing, osteophytic impingement, and right shoulder disability. The veteran's right wrist disability is currently rated at 10 percent under Diagnostic Code 5215 due to mild limitation of motion with pain. The Board found that the veteran's cervical spine narrowing and osteophytic impingement and right shoulder disability may be associated with her period of active service, but did not reach a decision on whether they were incurred in or aggravated by service.

The Board found that the veteran's cervical spine disorders are related to a motor vehicle accident in service, granting his claim for service connection.

The Board has remanded the case for further development due to new evidence and a need for a VA examination.

The Board found that the veteran does not suffer from current chronic cervical spine disability and denied his claim for service connection.

The Board found that the veteran's degenerative arthritis of the cervical spine was incurred as a consequence of active service and is not related to his left-sided paralysis. The claim for left-sided paralysis remains denied due to lack of new and material evidence.

The veteran's multiple chronic conditions, including coronary artery disease and generalized anxiety disorder, prevent him from dressing, attending to his wants of nature, and protecting himself from daily hazards. He is not blind or helpless, nor does he require the regular aid and attendance of another person due to being housebound.

The Board dismissed the veteran's appeals because no timely substantive appeal was filed for his claims of service connection for back disability, left leg disorder, and cervical spine disorder.

The veteran's appeal was dismissed due to his death during the pendency of the appeal. The Board has no jurisdiction to adjudicate the merits of his claims as he is deceased.

The Board has remanded the case to the RO for further development and consideration of the veteran's claim, including obtaining additional medical records and scheduling a VA examination. The appeal will be reconsidered after these actions.

The veteran's claim for an increased rating for his cervical spine disability is being remanded due to the need to consider the application of new spine rating criteria and to obtain updated medical records.

The Board denied service connection for a low back disorder and granted an effective date of May 29, 1996 for the grant of service connection for post-traumatic cervical spondylosis with upper extremity neuropathy. The veteran's claim for higher ratings was not addressed in this decision.

The Board denied the veteran's claim for an increased disability rating for her service-connected squamous metaplasia hyperkeratosis, cervical stenosis, and condyloma, finding that her symptoms did not warrant a compensable evaluation.

The veteran's appeal is being remanded for additional development due to VCAA notification and regulatory changes.

The Board denied the veteran's claim for vocational rehabilitation and training benefits, finding that he has overcome the effects of impairment of unemployability through employment in an occupation consistent with his abilities, aptitudes, and interests.

The VA determined that the appellant's current neck disability is not related to his military service and specifically ruled out any connection to his service-connected nasal trauma with septorhinoplasty. The Board found no evidence of a direct or secondary service connection.

The Board denied the veteran's claims of entitlement to increased ratings for his right elbow and shoulder injuries, as well as his claims to reopen service connection for back and cervical spine disabilities. The RO had previously denied these claims in October 1993.

The Board denied the veteran's claims for higher ratings for his right elbow epicondylitis and cervical spine disability.