Neck / cervical spine decisions — 2004

The Board granted service connection for cervical spine stenosis with degenerative disc disease and set the effective date to April 28, 1986. The veteran's claim was reopened on new evidence.

The veteran's claim for an increased evaluation for his service-connected cervical spine disability is being remanded due to the need for additional development, including obtaining treatment records and considering revised rating criteria.

The veteran withdrew her appeal regarding the higher initial rating for cervical strain before a decision was made by the Board.

The Board denied the veteran's claims for service connection for residuals of cervical discectomy with radiculopathy of the upper right extremity, bilateral hearing loss, and tremors of the lower extremities. The decision found that new evidence did not raise a reasonable possibility of substantiating the claim for cervical spine disability, and that there was no current evidence linking the veteran's hearing loss or tremors to service.

The veteran's claim for an increased disability rating for his service-connected chronic pyoderma with cervical adenopathy is being remanded due to the need for VCAA compliance and additional development of medical records.

The Board denied the veteran's claim for service connection for a neck disability, finding no direct evidence of its onset during active service and insufficient evidence to establish secondary service connection based on her pre-existing psychiatric disorder. The Board also noted that there was no compensable arthritis in the neck within one year after separation from service.

The Board has remanded the case due to incomplete development of the record and VCAA compliance issues.

The veteran's claims for service connection and increased rating are being remanded due to the need for additional development, including obtaining medical opinions on the etiology of his cervical spine disability and assessing the current level of impairment due to his low back strain.

The Board has determined that the veteran's claimed cervical spine disorder, lumbar spine disorder, scar on the back of the neck, and scar on the left forearm were not incurred in or aggravated by active service. The veteran's bilateral hearing loss was also not related to his period of service.

The Board denied the veteran's claims for an earlier effective date and restoration of a previously granted disability rating, finding that there was no factual basis to grant these requests.

The Board has remanded the case to the RO for further development of evidence, including verification of the veteran's involvement in a motor vehicle accident while serving in Germany.

The Board found that the veteran's additional cervical spine disability was not caused by VA's failure to timely diagnose or treat a cervical spine disorder, and thus denied his claim under 38 U.S.C.A. § 1151.

The veteran's claims for increased ratings for his service-connected lumbar spine injury and cervical spine disorder were denied as there is no evidence of ankylosis or neurological symptoms due to the service-connected disabilities.

The veteran's service-connected low back disability is rated at 40 percent, which is the maximum schedular rating for severe limitation of motion. The Board has granted a total disability rating based on individual unemployability (TDIU).

The veteran's request for service connection for a cervical spine disability is being remanded due to the need for a new hearing before the Board of Veterans' Appeals.

The VA denied an increased evaluation for cervical spondylosis, currently rated at 10 percent. The veteran's condition was found to not meet the criteria for a higher rating based on current medical evidence.

The veteran's service-connected herpes simplex, chronic cervical strain, and chronic right shoulder strain have been granted. The veteran is currently receiving a 10 percent rating for her herpes simplex, effective July 3, 1998. Her chronic cervical strain has been rated as noncompensable since the grant of service connection in July 3, 1998. Her chronic right shoulder strain also has a noncompensable rating.

The case is remanded to the RO for scheduling a 'Travel Board' hearing at the San Antonio location of the Houston, Texas, Regional Office. The veteran's claims for PTSD service connection and reopening his neck disability claim are pending.

The veteran's claims for increased ratings for bilateral hearing loss and tinnitus, as well as his claim for service connection for a cervical spine condition were denied by the RO. The RO found that the veteran did not meet the criteria for compensable ratings or service connection based on direct evidence.

The Board denied the veteran's claims for service connection of low back disability, cervical spine disability, and residuals of a diaphragm injury due to lack of evidence establishing direct service connection.