Neck / cervical spine decisions — 2005

The Board found that the veteran's cervical spine disability is not proximately due to or the result of her service-connected disabilities, including her gunshot wound and low back strain.

The veteran's claim for service connection for a cervical spine disorder is being remanded due to the need for additional medical examination and development of Social Security Administration records.

The Board denied the veteran's claim to reopen his compensation under 38 U.S.C.A. § 1151 for a fractured neck, as a consequence of VA treatment received in August 2000 due to lack of new and material evidence.

The Board has determined that the veteran's current cervical spine disorder, including arthritis, was not incurred in or aggravated by active military service and may not be presumed to have been incurred in service.

The veteran's claim for special monthly compensation based on the need for aid and attendance of another is being remanded due to the need for a current VA examination, as well as further development regarding service connection for residuals of head injury.

The veteran's hypertension and enlarged cervical lymph nodes were not incurred or aggravated by service, nor are they related to herbicide exposure. The effective date for the increased rating of 50 percent for residuals of a gunshot wound is set at September 28, 1998.

The veteran's claims for service connection were denied as there was no evidence of a current disability or any link to service, including exposure to herbicides. The Board found that the veteran did not meet the criteria for presumptive service connection due to Agent Orange exposure.

The veteran's claim for a higher disability rating for his cervical spine condition has been denied as a matter of law due to the veteran being considered a fugitive felon.

The Board has determined that the veteran's claimed disabilities, including residuals of head injury, cervical spine disability, and right ankle disability, were not incurred or aggravated by service. The VA will notify you if further action is required on your part.

The Board has denied the veteran's claims for reopening service connection for low back strain and hearing loss with tinnitus, and has not yet decided his claim for cervical spine disorder. The case is remanded to obtain VA treatment records and to issue a Statement of the Case on the neck disorder.

The veteran's claim for PTSD was denied, and his cervical spine disability is currently rated at 40 percent. The Board found that the evidence did not support a diagnosis of PTSD or establish a causal link between service and current symptoms.

The Board found no evidence of a relationship between the veteran's current gynecological disability and her military service, resulting in denial of her claims.

The Board has granted the veteran's claim for service connection for a cervical spine disability, with no specific rating assigned and effective date not specified.

The Board denied an earlier effective date for the grant of service connection for several disabilities, including a right shoulder disorder, neck disorder, right knee disorder, and dental trauma, all claimed as residuals of injuries sustained in a truck accident during service on April 18, 1953. The veteran's claim was reopened and granted effective January 2, 2001.

The veteran's appeal has been withdrawn, and the case is dismissed.

The veteran's appeal is being remanded due to his failure to report for a scheduled hearing and because he requested rescheduling of the hearing. The case will be returned to the Board after the appellant has been afforded an opportunity to appear at a new hearing.

The Board has reopened the veteran's claim for service connection for a low back disability due to new evidence. The issue of service connection for a cervical spine disability is remanded for further development and consideration.

The Board has determined that the veteran's claim must be remanded for further action due to changes in rating criteria and the need for a new VA examination.

The Board found no clear and unmistakable error in the January 1978 rating decision that granted service connection for cervical and lumbosacral spine degenerative joint disease with a 10 percent evaluation.

The veteran's disabilities do not meet the criteria for special monthly pension on account of being in need of aid and attendance due to his functional impairment.