Neck / cervical spine decisions — 2004

The Board denied the veteran's claims for increased evaluations for his service-connected disabilities, including incomplete paralysis of the right ulnar nerve, limitation of motion of the cervical spine, bilateral hearing loss, tinnitus, and a scar on the occipital region of the upper neck. The claim for malaria was also denied.

The Board has determined that additional development is necessary and the case is being remanded to the RO for further action.

The veteran's claims for increased ratings for her service-connected cervical spine disability and fibromyalgia are being remanded to the RO for additional development, including obtaining medical records and scheduling a VA examination.

The veteran's service-connected disabilities, including headaches and a right knee disability, are severe enough to prevent her from securing or maintaining substantially gainful employment.

The Board found no evidence that the veteran was unemployable due to his service-connected disabilities within one year prior to November 2, 2000. Therefore, an earlier effective date for TDIU is not warranted.

The veteran's appeal has been remanded due to the need for additional development, including obtaining medical records and conducting examinations. The issues of service connection for PTSD and chronic fatigue syndrome, headaches, memory loss, blurred vision, joint aches, insomnia, and depression are being addressed.

The Board found that new and material evidence had been submitted to reopen the claim for service connection for a bilateral shoulder disability. However, it was determined that the veteran's current bilateral shoulder disability is not due to an in-service disease or injury. The cervical spine disability was also not due to an in-service injury or disease.

The Board found that the veteran's current cervical spine disorder is not related to his active service or a service-connected low back condition, and thus denied his claim for service connection.

The Board has dismissed the veteran's claims due to a lack of timely filed substantive appeal regarding his service connection and increased disability evaluation for left knee injury with degenerative joint disease.

The veteran's claims for service connection and increased rating were denied. The effective date of the 40% rating was set at May 2, 1991.

The Board has remanded the case for further development and readjudication, including obtaining additional medical records and considering whether staged ratings are warranted.

The Board denied the veteran's claims for service connection for left shoulder, jaw, ear, and cervical spine disorders. The evidence did not support a finding of chronic conditions in service or current disabilities related to military service.

The Board found no evidence linking the veteran's current neck or heel disabilities to his military service, and denied both claims.

The Board found no evidence linking the appellant's diagnosed conditions to his military service and denied all claims.

The Board has remanded the case for further development, including obtaining service medical records and arranging for a VA examination to determine the etiology of the veteran's claimed disabilities.

The veteran's claims for higher initial disability ratings for his right knee injury, tension headaches with cervical pain, hemorrhoids, and allergic dermatitis were denied. The RO found that the evidence did not support a compensable rating for any of these conditions.

The Board has remanded the case for additional development, including an orthopedic evaluation to determine if the veteran's cervical spine disability is related to service.

The veteran seeks service connection for back disabilities. However, his service medical records are unavailable and presumed lost in a fire at the NPRC. The RO is instructed to obtain all relevant treatment records from the Muskogee VAMC.

The Board has determined that the appellant's cervical spine disorder, characterized by severe recurring attacks of pain and diminution of function with intermittent relief, warrants a 40 percent disability rating.

The Board has remanded the case for additional development, including obtaining medical records and conducting examinations to determine the severity of the appellant's service-connected lumbar spine and cervical spine disabilities.