Neck / cervical spine decisions — 2004

The Board has denied the veteran's claims for service connection for a right shoulder disability and neck disability, finding no competent evidence linking these conditions to his military service.

The veteran's cervical spine disorder is currently rated at 20 percent under the amended schedule for rating spine disabilities, effective from September 23, 2002. The Board finds that this rating adequately reflects the severity of his disability.

The veteran's appeal is remanded for a VA examination to determine if his service-connected disabilities prevent him from engaging in substantially gainful employment.

The Board has determined that new and material evidence has not been received to reopen the veteran's claims for service connection for cervical spine disorder, bilateral shoulder disorder, bilateral arm and hand disorder, and bilateral knee and leg disorder. The RO previously denied these claims in October 1998 on both a direct and secondary basis.

The Board dismissed the veteran's appeal because his substantive appeal was untimely filed.

The Board found no evidence of current cervical or lumbar degenerative joint disease, and denied service connection for these conditions. Service connection was also denied for systemic lupus erythematosus due to lack of a current disability.

The veteran is currently shown to be unemployable due to service-connected disabilities, and a total rating based on individual employability due to service-connected disabilities is granted.

The veteran's service-connected disabilities do not prevent him from securing and following substantially gainful employment consistent with his education and work experience.

The Board denied the veteran's claims for service connection for a bilateral knee condition, increased ratings for his cervical spine and pes planus disabilities, and initial noncompensable rating and current 10 percent rating for bilateral pes planus. The veteran is not entitled to an increased rating for his service-connected cervical spine disability.

The veteran's service-connected disabilities have been granted and assigned initial ratings.

The Board has denied the veteran's claims for service connection for pseudofolliculitis barbae, depression, and a shoulder condition. The claim of whether new and material evidence had been received to reopen a claim of entitlement to service connection for plantar wart, left foot, is dismissed due to withdrawal by the veteran.

The Board found no evidence of a current cervical spine disability due to service, and denied the veteran's claim for service connection.

The veteran's claim of entitlement to an earlier effective date for cervical spondylosis and a higher evaluation for the disability is being remanded due to incomplete information provided by the RO.

The Board denied the veteran's claims for increased ratings for his cervical spine and left shoulder disabilities, both currently rated at 10 percent.

The Board has determined that the appellant's cervical spine disability is likely attributable to his period of active military service, warranting service connection.

The veteran's claims for service connection and increased ratings are being remanded to allow for additional development of his medical records, including those from private chiropractors and VA facilities. The RO will also determine the nature and etiology of any psychiatric disorders he may have.

The Board has granted service connection for folliculitis and found that the veteran's current skin condition began during his active duty. The cervical spine disorder and left calcaneal spur issues are remanded to the RO.

The Board found that the veteran's bilateral flat feet and degenerative disc disease of the cervical and lumbosacral spine were not incurred in or related to service. The claim for secondary service connection was also denied as there was no service-connected condition upon which to base a secondary claim.

The Board has determined that additional development is necessary to determine if the veteran's dementia caused him to be violent and placed him in a dangerous situation, which led to his subdural hematoma and herniated cervical discs. The VA will need to obtain all relevant medical records from July through August 2001.

The Board denied service connection for herniated nucleus pulposus, L5-S1 and residuals of back injury. The claim for degenerative disc disease, cervical spine, status post decompressive laminectomy was also denied as the evidence did not establish a direct link to service.