Neck / cervical spine decisions — 2004

The Board has remanded the case to the RO for further action due to VCAA compliance issues and additional evidence retrieval.

The veteran's claims for increased ratings were granted, with a 10 percent rating assigned for each condition. The effective date is not specified.

The veteran's service-connected cervical spine condition is currently rated at 20 percent, and the Board finds that it does not meet the criteria for a higher rating based on moderate recurrent attacks or incapacitating episodes.

The Board has remanded the case for additional development, including obtaining medical records and a VA examination to determine if the veteran developed additional disability as a result of treatment at the VA medical facility in September 2002.

The Board found that new and material evidence had not been submitted to reopen the veteran's claims for service connection for cervical and dorsal spine disorders. The low back disorder claim was remanded due to insufficient information.

The Board has determined that additional development is needed to properly evaluate the veteran's claims, including obtaining medical records and arranging for examinations.

The veteran is seeking service connection for a cervical spine disorder and a left leg disorder, both claimed as secondary to his service-connected disabilities. The case has been remanded for further development including a VA examination.

The Board denied the veteran's claims for increased ratings and a total rating based on individual unemployability due to service-connected disabilities, finding that her cervical spine disability did not warrant an increase beyond 20 percent, and her L5-S1 spondylosis with grade I spondylolisthesis did not warrant a compensable rating.

The Board found that the veteran's currently diagnosed back disability is not related to his service and denied his claim for service connection.

The veteran's claim for service connection for a cervical spine disability, claimed as secondary to his service-connected right ear hearing loss, mastoiditis with headaches, and positional vertigo, is being remanded due to the need for de novo review by VA personnel.

The veteran's lumbar spine disability was granted a 20 percent evaluation from March 6, 1997. The thoracic and cervical spine disabilities were not granted any additional evaluations.

The Board denied the veteran's claims for service connection and increased ratings, finding no evidence of a cervical spine disorder related to service and insufficient evidence supporting higher disability ratings.

The veteran's claims for increased ratings for lumbar and cervical spine disabilities are being remanded to allow for further development, including obtaining medical records and scheduling the veteran for a VA examination.

The Board found that the veteran's current disabilities were not caused by a VA examination, and thus denied his claim for compensation under 38 U.S.C.A. § 1151.

The Board found no evidence linking hepatitis C, depression, or cervical spine degenerative disc disease to service and denied the claims.

The Board has determined that the veteran became unemployable due to his service-connected disabilities as of September 15, 1992. The effective date for the TDIU is set at September 15, 1992.

The Board has granted a temporary total rating for the veteran's service-connected residuals of cervical strain under the provisions of 38 C.F.R. § 4.29 based upon hospitalizations between July 20 and August 11, 1993 and November 1 and November 26, 1993.

The Board has remanded the case due to a lack of notification for a VA examination, and the need to ensure compliance with the Veterans Assistance Claims Act (VCAA).

The veteran's appeal is being remanded to the RO for additional development, including obtaining medical records and scheduling a VA examination. The issues of service connection and rating for his spine disabilities are pending.

The Board found no evidence linking the veteran's current back and neck disabilities to service, thus denying his claims for service connection.