Neck / cervical spine decisions — 2004

The Board denied the veteran's claim for compensation under 38 U.S.C.A. § 1151, finding that there was no evidence showing that his cervical spine spondylosis, arthritis, and/or radiculopathy were caused or aggravated by an excisional biopsy of the right posterior lymph node at the Greenville VA medical center in March 2000.

The veteran's death was not service-connected, but he had been continuously rated as totally disabled for a period of at least ten years immediately preceding his death. As such, DIC benefits were denied.

The Board denied the veteran's request for additional VA vocational rehabilitation services due to his refusal to cooperate with a needs assessment, which prevented an informed determination regarding his reentrance into a rehabilitation program.

The Board has remanded the case for additional development, including obtaining medical records and information from SSA.

The Board has denied the veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities, finding that he does not meet the minimum percentage requirements and that his TDIU should be considered under the procedures set forth in section 4.16(b) for veterans who are unemployable by reason of service connected disability.

The veteran's appeal is being remanded to the RO for further examination and consideration of his service-connected lumbosacral strain with traumatic arthritis and cervical sprain with traumatic arthritis under both old and new rating criteria.

The Board denied service connection for chronic respiratory disorder, chronic skin disorder, cervical spine disorder, and headaches as these conditions were not shown to be related to service.

The Board denied service connection for a cervical spine disorder, and denied compensable ratings for residuals of a shell fragment wound of the right shoulder and bilateral hearing loss.

The veteran's appeals for service connection and increased evaluations are being remanded due to procedural issues, including the need for VCAA compliance and additional development of evidence.

The veteran is seeking compensation under 38 U.S.C.A. § 1151 for additional disabilities claimed as due to VA medical treatment in 1994 and 1995 for a cervical spine disorder, including left leg disability.

The Board denied all service connection claims and the claim for an increased evaluation for scoliosis of the lumbar spine. The case is being remanded to develop evidence and consider the claims again.

The Board dismissed the veteran's appeal because his substantive appeal was not timely filed within one year of notification of the March 2000 rating decision and more than six months after issuance of the August 13, 2001 SOC.

The veteran's appeal is being remanded for additional development, including obtaining medical records and a VA examination to assess his employability due to service-connected disabilities.

The veteran's appeal is being remanded for additional development, including VA examinations and a review of the claims folder.

The Board found that the veteran's cervical spine disorder, including herniated discs and arthritis, did not pre-exist service or become worse during service. The Board also noted that arthritis was first clinically demonstrated many years after separation from service.

The Board finds that the veteran's current thoracic and cervical spine disabilities are not related to her military service, as there is no competent medical evidence establishing a nexus between these conditions and any in-service findings or occupational duties. The VA examiners have provided conflicting opinions regarding whether the veteran's current symptoms may be linked to service.

The veteran's appeal is being remanded due to the need for additional notification and evidence.

The Board dismissed the appeal regarding whether an appeal from a rating decision denying an increased rating for a cervical spine disability was timely filed. The veteran's other claims, including those for headaches and a TDIU, are still pending.

The Board has reopened the claim for service connection of a lumbar spine disorder and is now considering its merits. The veteran's cervical spine condition was not incurred in or aggravated by active service.

The veteran's appeal is being remanded to the RO for further examination and review of his claims file, including for an adequate VA examination regarding cervical spine disability and low back strain. The veteran also has raised additional issues that are not currently before the Board.