Neck / cervical spine decisions — 2004

The Board has determined that the veteran's cervical disc disease and right shoulder myositis do not warrant a higher disability evaluation based on current medical evidence.

The veteran's appeal is being remanded for additional development, including specialized examinations and review of relevant records.

The veteran's cervical spine disorder is rated at 20 percent under the old criteria for intervertebral disc syndrome, which approximates the criteria for moderate disability. The residuals of a fracture of the left foot are not addressed in this decision.

The Board has determined that the veteran does not have a current disability related to his period of active duty service for cervical, thoracic, and lumbar spine arthritis with myofascitis, headaches, or urinary frequency. The evidence is insufficient to establish service connection for any of these conditions.

The appellant's service was less than 90 days and he did not meet the requirements for a VA pension due to having a pre-existing condition that existed prior to his military service.

The Board has remanded the case for further development to determine the current severity of the veteran's heart and hypertension disorders, as well as his scar, keloid, left hand condition. Additionally, a dermatology examination is needed to assess the nature and etiology of the veteran's skin disorder other than the scar on his left hand. The cervical spine and low back disability claims are also remanded for further development.

The veteran's death was not caused by any service-connected condition, and the evidence does not show that a service-connected disability contributed substantially or materially to his death.

The veteran appealed for increased ratings and service connection for various disabilities, including low back disability. The appeal was dismissed due to the veteran's death.

The Board has granted a TDIU rating, effective from May 5, 1999.

The Board determined that the veteran does not meet the criteria for special monthly pension based on need for regular aid and attendance or due to housebound status.

The Board denied a total disability compensation rating based on individual unemployability (TDIU) due to the veteran's service-connected lumbar spine disability, and did not find clear and unmistakable error in this decision.

The Board found that the veteran's left arm and shoulder disorder, as well as his cervical spine disability, are not service-connected. The VA examiners have stated that these conditions are related to his nonservice-connected cervical spine disorder.

The Board has granted service connection for cervical, thoracic, and lumbar spine disabilities due to in-service injuries. The veteran's current level of disability is not yet established.

The Board denied the appellant's claim for service connection for residuals of a cervical spine fracture at C-2, finding that he was not on active duty or INACDUTRA when the injury occurred and therefore did not meet the legal criteria for veteran status.

The Board found that the veteran's current neck disorder, including degenerative arthritis of the cervical spine, began many years after service and was not caused by any incident of service. Therefore, the claim for service connection for residuals of a neck injury is denied.

The Board has remanded the case for additional development due to incomplete medical records and unclear responses from the VA examiner regarding whether the veteran's degenerative joint disease of the cervical and lumbar spine was acquired during or aggravated by his active service.

The veteran withdrew his appeal regarding the increased rating for degenerative disc disease of the cervical spine. The case remains pending for an increased evaluation for chronic sinusitis.

The Board has determined that the veteran's current cervical spine disability is not related to his military service, and thus denied his claim for service connection.

The Board denied the veteran's claims for service connection of hypertension, osteoarthritis of the cervical spine, and brain disease due to trauma. The evidence did not support a finding that these conditions were incurred or aggravated by military service.

The veteran's appeal is being remanded for further development and consideration of his claims, including the submission of additional evidence and a VA examination.