Neck / cervical spine decisions — 2005

The veteran's claims for increased evaluations of his service-connected low back strain, head injury with migraine headaches, and neck strain are being remanded to the RO for additional development including obtaining medical records from a private physician and scheduling new VA examinations.

The veteran's appeal is remanded for further development, including obtaining medical opinions and records to determine the appropriate diagnoses of his cervical spine disabilities and whether additional disorders are present or secondary to the service-connected disability.

The Board has determined that the appellant's thoracolumbar spine disability warrants a 20 percent evaluation prior to June 29, 1999 and a 40 percent evaluation from that date. For his cervical spine disability, he is entitled to a 10 percent evaluation prior to October 16, 2002 and a 20 percent evaluation thereafter.

The Board has determined that additional development is needed for the veteran's claims, including obtaining Social Security Administration records and VA Medical Center treatment records. The case will be remanded to consider these new pieces of evidence.

The Board denied the veteran's claims for service connection for a cervical spine disorder, bilateral defective hearing with tinnitus, and an increased evaluation for his gastrointestinal disorder. The denial was based on the absence of new and material evidence to reopen the claim for cervical spine disorder.

The Board denied the veteran's claims for service connection for degenerative arthritis of the cervical spine and an increased rating for residuals of shell fragment wounds to the right shoulder involving Muscle Group III.

The Board denied the veteran's claim for service connection for a cervical spine disability, finding that there was no evidence linking the condition to service or a service-connected disability.

The veteran's cervical spine disability with degenerative disc disease was granted a combined rating of 30 percent effective September 23, 2002. Prior to this date, the disability was rated at 10 percent.

The Board has determined that the veteran's currently diagnosed cervical spine disorder, including degenerative disc disease with radiculopathy, was incurred in active service.

The Board has remanded the case due to new evidence suggesting a motor vehicle accident in 1991 may have caused the veteran's cervical spine disorder and headaches. The veteran will need to undergo further examination to determine if these conditions are related to the 1991 incident.

The veteran's low back disorder is rated at 40 percent, but the Board finds that this rating does not meet the criteria for a higher evaluation under either the old or new VA Rating Schedule.

The Board found no evidence of chronic cervical or lumbar spine disorders during active service and denied the veteran's claims for service connection.

The Board has determined that the veteran does not have a bilateral ankle disorder, bilateral hip disorder, left knee disorder, cervical spine disorder, or thoracic spine disorder related to service. As such, these claims for service connection are denied.

The veteran's cervical spine disability and total uterine prolapse are being remanded for additional development, including obtaining medical records and scheduling VA examinations.

The Board has remanded the case due to incomplete medical records and further evaluation is needed.

The veteran's service-connected cervical myelopathy does not meet the criteria for special monthly compensation due to his remaining effective function in both upper and lower extremities.

The Board has determined that new and material evidence has been submitted to reopen the previously denied claim for service connection of a cervical spinal disability. The appellant contends his current cervical spinal problems are related to injuries sustained during active duty for training.

The VA has determined that the veteran's PTSD and cervical cancer were not incurred in or aggravated by service, as there is no documented evidence of such conditions during her military service. The claim for PTSD based on a personal assault was also denied due to insufficient supporting evidence.

The Board has determined that the veteran does not have residuals of injuries to the head, disc disease of the cervical spine, tinnitus, or temporomandibular joint syndrome during his active service. The claims for service connection are denied.

The Board found that the veteran's current back disability, diagnosed as degenerative disc disease of the cervical, dorsal and lumbar spine, did not start during or immediately after service. The VA examiner concluded it was more likely a natural occurring phenomenon rather than related to his inservice back complaints.