Neck / cervical spine decisions — 2004

The Board found that the reduction in the rating for the veteran's service-connected chronic cervical strain with limitation of motion from 30 percent to 20 percent was not proper and ordered restoration of the 30 percent rating.

The veteran's claims for service connection for various conditions, including bilateral hearing loss, chloracne, prostate cancer, benign prostatic hyperplasia, an acquired psychiatric disorder (including anxiety), sinusitis, cervical spine myositis, and lumbar spine myositis were denied as there is no evidence of current disability or in-service exposure to herbicide agents.

The Board has granted a 20 percent rating for the veteran's cervical spine disability, effective from March 1995. The head injury with headaches is rated at 10 percent.

The Board denied the veteran's claim for service connection for degenerative joint disease of the cervical spine, finding no evidence linking it to his military service or a service-connected condition.

The veteran's cervical spine disability, characterized as degenerative disc disease with herniated nucleus pulposus, has been granted an increased evaluation to 30 percent effective September 26, 2003. The issue of service connection for bilateral hearing loss remains unresolved.

The veteran's claims for service connection for residuals of pneumonia, bronchitis, degenerative disc disease of the lumbar spine, generalized degenerative joint disease, and cervical spine disability were denied. The veteran's claim for service connection for psychiatric disability was also denied as secondary to back disability.,The veteran withdrew his appeal on the issues of entitlement to service connection for residuals of pneumonia and bronchitis prior to a decision being made.

The veteran's cervical spine disability was granted a 20% evaluation prior to September 23, 2002. The claim for hearing loss in the left ear is denied.

The Board denied the appellant's claim for service connection for his cervical spine disability, finding that it did not occur during active military service and thus is not covered by VA benefits.

The Board denied the veteran's claim for an earlier effective date for his TDIU, finding that VA had properly assigned the August 25, 1999 effective date based on the evidence of record.

The Board has denied the veteran's claims for service connection and an increased rating for his right shoulder disorder, finding that there is no evidence of a direct service connection. The claim for an increased rating was granted with a 10 percent disability rating effective April 1, 1990.

The Board has remanded the case due to new legal standards and a need for further examination.

The Board has determined that the veteran's cervical and lumbar spine disorders are secondary to his service-connected bilateral pes planus, and thus grants service connection for these conditions.

The Board has determined that the veteran's current cervical spine disability, including arthritis and degenerative disc disease, is not related to service. The evidence does not establish a nexus between any in-service injury or trauma and his current condition.

The Board has reopened the claim for service connection for a cervical spine/neck disability with headaches. The claims for liver disorder, hip disorder, and erectile dysfunction secondary to multiple service-connected disabilities have been denied as there is no evidence of these conditions or a causal link to military service.

The Board has determined that the appellant does not have PTSD, a low back disability, a cervical spinal disability, bilateral eye disability, or skin rash. The right ankle and left knee disabilities are also denied as service connection is already granted for these conditions under another theory of service connection. The joint pain in hands, right wrist, and right shoulder, along with generalized muscle aches, have been previously granted service connection.

The Board has remanded the case due to incomplete information and evidence, requiring further development of the claim.

The Board denied the veteran's claim for additional vocational rehabilitation benefits under Chapter 31 of Title 38 of the United States Code, finding that she was rehabilitated and did not meet the criteria for reentrance into a rehabilitation program.

The veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling examinations to assess his cervical spine disability and psychiatric condition.

The Board has determined that additional development is needed due to the veteran's claims assistance act of 2000 (VCAA) and will be remanded for further review.

The Board has remanded the case for additional development, including obtaining Social Security Administration records and scheduling VA examinations to determine the nature and etiology of any current back disorder, sinus disability, and tingling of the arms and hands. The effective dates for service connection are also being reviewed.