Neck / cervical spine decisions — 2005

The Board has remanded the veteran's claims for a bilateral shoulder condition and thoracic and cervical spine condition due to procedural issues, medical opinions are needed regarding the relationship between his service-connected low back disability and these conditions.

The Board has determined that the veteran's current cervical spine disorder is not related to his military service and thus denied his claim for service connection.

The Board found that the current diagnoses of osteoarthritis and degenerative disc disease of the cervical spine were not incurred in or aggravated by service, as there was no evidence showing an injury during service and a lack of nexus between the current disabilities and service.

The Board granted service connection for a chronic acquired disorder of the cervical spine, a chronic acquired headache disorder, and denied service connection for allergies and herpes simplex.

The VA denied the veteran's claims for increased evaluations for her service-connected cervical spine disability and migraine headaches, finding that the evidence did not meet the criteria for a higher rating under the applicable diagnostic codes.

The Board found that the veteran's service-connected postoperative residuals of hyperactivity of the sympathetic nervous systems of the right lower extremity warranted a 40% rating. However, it was determined that none of his other claimed conditions were incurred or aggravated by active service and are not related to his service-connected condition.

The veteran's cervical and lumbar spine disabilities have been rated at 30 percent, which is the maximum assignable under current regulations.

The Board has ordered a remand due to the need for an addendum to the May 2004 VA examination regarding the relationship between the veteran's cervical spine disability and his service. The case will be reviewed again after this additional information is provided.

The veteran's claim for an increased rating for cervical strain is being remanded due to the need to obtain additional medical records from the Clarksburg VA Medical Center.

The Board granted entitlement to service connection for internal derangement of the left knee as secondary to service-connected internal derangement of the right knee, and assigned a 20 percent evaluation effective August 16, 2000. The veteran's claims for increased evaluations for his cervical spine disability and right knee disability were remanded.

The Board has remanded the case due to incomplete records and the need for a medical opinion regarding the etiology of the appellant's current psychiatric disability.

The Board has denied the veteran's claims for service connection for chronic headaches, a cervical spine disability, and a low back disability. The case is being remanded to allow for further development of his low back disability claim.

The veteran's claims are being remanded due to the need for additional VA examinations and development of records. The issues include increased evaluations for various service-connected disabilities, as well as a pension claim.

The Board denied the veteran's claims for service connection for hearing loss, cervical spine degenerative joint disease, a sleep disorder, hypertension, and lumbar spine degenerative joint disease with stenosis. The rating assigned was 40 percent for the lumbar spine condition.

The veteran's appeal is remanded due to incomplete appellate status and the need for additional examinations. Issues related to increased rating, service connection, and individual unemployability are pending.

The Board has determined that it is at least as likely as not that the appellant's low back disability was incurred in service, and thus grants service connection for this condition. The remaining issues of service connection for a cervical spine disability and skin disorder (claimed as secondary to Agent Orange exposure) are remanded for further development.

The veteran's appeal is being remanded for additional development of her cervical spine disability, including obtaining medical records and scheduling a VA examination.

The veteran's cervical myositis was rated at 20 percent prior to September 26, 2003 and is now rated at 30 percent. The right elbow disorders are both rated at the maximum of 10 percent.

The Board granted service connection for arthritis of the cervical spine, arthritis of the thoracic spine, loss of feeling in the fourth and fifth digits of the left hand, tingling of the arms and legs, and a stomach disorder (GERD). Service connection for PTSD was also granted.

The veteran's claims for higher initial ratings for his cervical strain, low back strain, migraine headaches, right hip disability, left hip disability, and left shoulder disability were all denied by the RO. The RO found that none of these conditions warranted a rating in excess of 10 percent.