Neck / cervical spine decisions — 2004

The veteran's claim for an increased evaluation of his service-connected cervical spine disorder was granted, with a rating of 40 percent effective from December 28, 1994.

The Board found that the appellant is not in need of regular aid and assistance due to her physical condition, as she can dress, undress herself, feed herself independently, attend to personal needs without assistance, and walk with a cane. The Board concluded that her mental faculties are intact and she can protect herself from hazards.

The Board has remanded the veteran's claims for service connection due to incomplete records and a need for additional development, including obtaining medical records and conducting examinations.

The Board found no evidence of a cervical spine disorder related to service and denied the veteran's claim for service connection.

The Board has determined that the veteran's current cervical spine disorder is due to a combat injury during active military service and granted service connection for this condition.

The veteran's claims for increased ratings for his service-connected cervical and dorsal spine disabilities are being remanded for additional development.

The Board found that the veteran's neck pain during service was acute and not indicative of chronic cervical spine disability, and there is no evidence linking his current cervical spine disability to his military service.

The veteran's claims for increased evaluations for cervical spine and left shoulder disabilities have been denied. The RO has assigned the highest possible schedular ratings based on the severity of his conditions.

The Board denied the veteran's claims for a compensable evaluation for a scar of the left buttock, service connection for headaches as post-concussion syndrome/seizure disorder, an increased rating for his neck disability, and an initial rating greater than 30 percent for PTSD. The effective date for the total disability rating based on individual unemployability was denied.

The Board has denied the veteran's claims for service connection for degenerative disc disease of the cervical spine, degenerative disc disease of the lumbar-sacral spine, and pes planus.

The Board denied the veteran's claims for an earlier effective date for service connection and a rating in excess of 20 percent for his cervical spine disorder, as well as his claim for service connection for a right shoulder disorder. The RO assigned an effective date of March 18, 1999, for the award of service connection for a cervical spine disorder.

The Board has determined that the veteran's disabilities do not meet the criteria for special monthly pension on account of the need for aid and attendance or being housebound.

The Board denied the veteran's claim for an increased evaluation for her service-connected degenerative joint disease of the cervical spine with radiculopathy, currently rated at 40 percent.

The veteran's claim for an increased rating for his cervical spine disability is being remanded due to the need to consider new regulations and additional medical evidence.

The Board found that the veteran's cervical spine disability did not begin during service and was not caused by an injury or disease in service. Therefore, service connection for a cervical spine disability is denied.

The veteran is disabled due to multiple conditions and requires regular aid and attendance, qualifying for special monthly pension benefits.

The veteran's claim for an increased rating for her chronic cervical syndrome is being remanded due to the need for additional medical records and a thorough examination.

The Board denied the veteran's claims for service connection for degenerative arthritis of the cervical spine and charley horses/muscle cramps of the legs and thighs, as well as his claim for an increased rating for a scar on the left thumb. The decision also noted that new and material evidence had not been submitted to reopen the previously denied claim for service connection for degenerative arthritis of the cervical spine.

The Board has determined that the veteran's lumbar and cervical spine disabilities are not related to service, as there is no evidence of a chronic condition in service or continuity of symptomatology since service. The veteran's current conditions are attributed to post-service work-related injuries.

The Board denied an increased rating for the veteran's service-connected cervical spine disability due to his failure to report for a scheduled VA examination without providing good cause.