Neck / cervical spine decisions — 2004

The veteran's claim for an increased rating for his service-connected cervical spine disability is being remanded due to the need for further development, including a new VA examination and consideration of recent changes in diagnostic criteria.

The Board found that the reduction of the evaluation for the veteran's post-operative cervical spine degenerative disc disease from 10 percent to noncompensable was improper.

The veteran's appeal is being remanded for further development of his claims, including obtaining employment records and medical treatment records.

The veteran's claim for service connection for a back disorder was denied. The issue of new and material evidence for cervical osteoarthritis and left shoulder disorder was granted, but the veteran's request for a compensable evaluation for his left wrist ganglion cyst was denied.,The veteran has not provided sufficient evidence to establish that his current conditions are related to service.

The Board has granted service connection for DJD of the cervical spine, lumbosacral spine, right knee, left knee, and recurrent pulmonary emboli as secondary to service-connected melioidosis.

The veteran's appeal is being remanded for additional development to ensure compliance with the Veterans Claims Assistance Act of 2000 and proper consideration of both former and revised criteria for rating spine disabilities.

The Board denied the veteran's claims for an effective date prior to September 27, 2001 for a total rating due to unemployability caused by service-connected disabilities and whether the representative's communication constituted a valid Notice of Disagreement. The veteran was granted a TR with an effective date of September 27, 2001.

The veteran's claim for an evaluation in excess of 20 percent for residuals of a compression fracture of the cervical spine, C-7 is being remanded due to failure to provide VCAA notice.

The Board has remanded the case for further development and consideration of the veteran's claims, including a VA medical examination to determine the nature and severity of his service-connected cervical strain with degenerative joint disease. The RO must also obtain any pertinent medical records from February 2000 to February 2001 and consider the veteran's claim for extraschedular entitlement.

The veteran's claims for increased ratings and an earlier effective date were denied. The Board also reopened the claim for service connection for cervical disc disease with headaches, but denied a higher initial rating.

The Board has determined that the appellant does not have PTSD or a cervical spine disorder related to his military service and thus denied both claims.

The Board denied service connection for a cervical spine disorder, including degenerative arthritis of the cervical spine and cervical spondylosis. The veteran's claim was based on direct service connection.

The Board found no current cervical spine disability, and denied service connection for residuals of a cervical spine injury. Service connection was also denied for leg cramps and fibrocystic breast changes as there is no medical evidence linking these conditions to service.

The Board has remanded the case due to issues related to service connection for various conditions, including post-traumatic stress disorder and dysthymic disorder. The appeal is pending further development.

The veteran is granted special monthly pension based on the need for regular aid and attendance due to his multiple service-connected disabilities, including degenerative joint disease of various joints and arrhythmia. He does not meet criteria for housebound status.

The veteran's cervical spine disability is manifested by X-ray evidence of degenerative changes at the cervical spine and severe chronic neck pain, warranting an initial evaluation of 20 percent.

The Board has determined that the veteran's cervical spine disorders do not warrant ratings in excess of 30% prior to December 29, 1997, and 40% prior to June 11, 2001. The effective date for the increased rating remains unresolved.

The Board has determined that additional development is needed to properly evaluate the veteran's claim for an increased rating for residuals of cervical strain, including consideration of new and old rating criteria.

The Board has remanded the veteran's claims for service connection for cervical and lumbar spine disorders due to the need for additional development, including obtaining medical records and scheduling a VA examination.

The Board has granted a disability rating of 60 percent for the veteran's service-connected degenerative changes with narrowed disc spaces of the cervical spine, finding that it more nearly approximates pronounced intervertebral disc syndrome.