Neck / cervical spine decisions — 2005

The Board has denied the veteran's claims for service connection for a back disorder, hemorrhoids, headaches, and PTSD. The evidence does not support a finding that these conditions are related to service.

The Board has determined that the veteran does not have a cervical spine disorder that was incurred in or aggravated by active military service, and it is not shown to be proximately due to or the result of his service-connected low back disability.

The veteran's claims for service connection for cervical and lumbar spine arthritis are being remanded to the RO for scheduling a videoconference hearing before a Veterans Law Judge of the Board.

The Board has granted the veteran's claim for service connection for an acquired psychiatric disorder, including major depression with psychotic features and schizophrenia. The Board also found that the veteran had a lumbar spine strain and sprain, right shoulder injury, cervical spine condition, anal fissures, and hemorrhoids that are presumed to have been incurred in service.

The Board denied the veteran's claims for service connection and increased ratings for his cervical spine disorder, thoracolumbar spine disability, and allergic rhinitis. The evidence did not support a finding of service connection or entitlement to higher ratings.

The Board denied the veteran's claims for increased evaluations for service-connected residuals of fractured right wrist and left pubis rami, finding that the evidence did not meet the criteria for higher ratings under the applicable rating schedule.

The veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to determine the presence of neurological manifestations due to his cervical spine disorder.

The Board finds that the veteran's current cervical spine disability is due to injury sustained during service, and grants service connection for this condition.

The Board has granted service connection for recurrent left shoulder strain and denied the veteran's claims for right knee disability, bilateral hearing loss, right ankle disability, and cervical spine disability.

The Board has granted service connection for the veteran's residuals of postoperative anterior cervical spine fusion at C5-6, finding that these residuals are secondary to his service-connected chronic muscle strain of Muscle Group XX.

The Board denied the veteran's claims of service connection for a cervical spine disorder and heart disorders, finding no new and material evidence to reopen the cervical spine claim and concluding that there was insufficient evidence linking the current heart conditions to service.

The VA denied the veteran's claims for increased rating for cervical spine disability and special monthly compensation based on need for regular aid and attendance. The VA found that the veteran did not meet the criteria for an increased rating or special monthly compensation.

The Board has remanded the case due to additional development and adjudicative action being required, including consideration of new evidence submitted by the veteran.

The Board found that the veteran's cervical spine disorder is not related to his military service and denied his claim for service connection. The right shoulder, knee, and left knee disabilities were also evaluated but no increased ratings were granted.

The veteran's claims for increased ratings were denied as his service-connected conditions did not warrant the requested higher evaluations based on the current evidence of record.

The Board has determined that the veteran's cervical strain disability may be linked to service-connected disc disease of the cervical spine, and a neurological disorder of the right upper extremity may also be related to his service-connected cervical strain. The RO is instructed to consider all applicable rating criteria for these conditions and adjudicate the claims accordingly.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination.

The veteran's claims for increased ratings for cervical spine, lumbar degenerative disc disease, and thoracic spine disabilities were denied as the evidence did not show that his service-connected conditions warranted higher disability evaluations.

The veteran's lumbar spine disorder is currently rated at 40% since July 7, 2004.,The veteran's cervical spine disorder is currently rated at 20% since July 28, 1998.

The Board denied the veteran's claims for service connection for a cervical spine disability and PTSD, as well as her requests for increased ratings for her low back disability. The claim to reopen her cervical spine disability was not granted due to lack of new and material evidence. Her initial rating for her low back disability prior to September 23, 2002 was denied, but she received a higher rating after that date.