Neck / cervical spine decisions — 2004

The Board found that the veteran's cervical spine disability was not incurred in or aggravated by active service, and denied his claim.

The Board denied the veteran's claims for service connection for residuals of an injury to his cervical spine, chronic prostate problems, mitral valve prolapse, and chronic arthritis. The evidence did not support a finding of current disability or show that any condition was incurred in or aggravated by military service.

The Board has determined that the veteran does not meet the criteria for special monthly pension on account of being in need of aid and attendance of another person due to his inability to perform activities of daily living such as feeding, dressing himself, keeping himself clean and presentable or tending to the wants of nature.

The veteran's cause of death was due to metastatic cancer of the thoracic spine, which originated from thyroid cancer. Prostate cancer is not considered a service-connected condition as it did not recur after treatment and had low PSA levels.

The Board found that the veteran's cervical spine disability was not incurred in or aggravated by active service and denied his claim.

The veteran's service-connected cervical adenitis, tuberculous was initially granted with a noncompensable rating. The RO increased the initial rating to 10 percent effective July 14, 1998.

The Board found no evidence of a current left wrist disability and denied the veteran's claim for service connection. The VA examiner concluded that the veteran's cervical and lumbar spine disabilities are likely related to her military service, but there is insufficient medical evidence to establish service connection.

The Board denied the veteran's claim for an increased disability rating for his service-connected neurological disorder of the cervical spine, currently evaluated at 20 percent.

The Board has granted a 40 percent disability rating for the veteran's cervical spine disability since September 23, 2002. The disability is currently rated as severe due to limitation of motion and episodes of pain radiating into the upper extremity.

The veteran's appeal is being remanded for further development, including the issuance of a statement of the case (SOC) on earlier effective dates for service connection and TDIU.

The veteran's claims for increased evaluations for various spinal and ankle conditions have been remanded due to procedural deficiencies in the notification process.

The veteran's appeal is remanded for further development, including a VA examination to assess the severity of his service-connected cervical, thoracic, and lumbar spine disabilities as well as his residuals of shell fragment wounds of the left and right shoulders.

The Board denied the veteran's claim for service connection for metastatic squamous cell carcinoma with cystic degeneration, left cervical lymph node due to a lack of evidence linking the condition to his military service or exposure to herbicides.

The VA denied the veteran's claim for an initial rating in excess of 10 percent for residuals of cervical C6-7 herniation, finding that prior to September 23, 2002, the disability was productive of no more than mild intervertebral disc syndrome. Between September 23, 2002, and September 25, 2003, it was productive of intervertebral disc syndrome with incapacitating episodes having a total duration of at least one week but less than two weeks during the past 12 months. From September 26, 2003, forward, it has been productive of intervertebral disc syndrome with specific range of motion findings.

The Board found that the veteran's cervical spine disorder was not present during service or related to military service, and thus denied his claim for service connection.

The Board has determined that a uniform 20% evaluation for cervical spine strain is warranted from August 24, 1999.

The Board has determined that the veteran's degenerative disc disease of the lumbar spine is service-connected. The issue of service connection for a cervical spine disorder remains pending and requires further examination to determine if it is at least as likely as not related to service.

The veteran's claim for a temporary total evaluation under 38 C.F.R. § 4.29 and 4.30 was denied because the surgery performed at a VA medical center on October 29, 2001, pertained to a nonservice-connected cervical spine disability.

The veteran's claim for an increased rating for his service-connected residuals of a fracture to the cervical spine, C6-C7 region is being remanded due to the need for additional evidentiary development and consideration.

The Board denied the veteran's claim for service connection for residuals of a head injury, including cervical spine disorder, finding no evidence linking these conditions to military service.