Neck / cervical spine decisions — 2005

The Board denied the veteran's claim for an earlier effective date for his total disability rating based on individual unemployability due to service-connected disabilities, finding that there was no evidence of a factually ascertainable increase in disability prior to August 25, 2000.

The appeal is being remanded for additional development due to the need for proper VCAA notification and compliance with VA's duty to assist.

The Board has remanded the case back to the RO for scheduling a videoconference hearing and further development.

The Board denied the veteran's claim of service connection for a claimed neck disability, finding that there was no current disability and no medical evidence linking any such disability to service.

The veteran's appeal is remanded for additional development, including obtaining medical records and conducting a VA examination to assess his employability due to his disabilities.

The Board denied the veteran's claims for earlier effective dates for increased evaluations of her service-connected lower back and cervical spine disorders, finding that no increase in disability was factually ascertainable prior to June 11, 2002.

The Board denied a rating in excess of 30 percent for the veteran's service-connected cervical spine disability, finding that his condition has been manifested by severe limitation of motion due to pain without neurological deficit throughout the course of this appeal.

The Board denied the appellant's request to reopen her claim for service connection for the cause of the veteran's death, finding that no new and material evidence had been presented.

The veteran's right knee disability, characterized as chondromalacia patella, results in limitation of extension to -10 degrees and flexion to 122 degrees with pain at 97 degrees. The VA has granted a 20 percent rating for this condition.

The Board has remanded the veteran's claims for service connection and increased rating of his right shoulder disorder, as well as his cervical spine disorder. The RO is instructed to obtain all relevant medical records and provide the veteran with an opportunity to submit additional evidence.

The Board has reopened the claim for service connection for a cervical spine disability, but denied it on the merits due to lack of new and material evidence.

The Board has granted a 20 percent disability rating for the veteran's spurring of C6-C7 with arthritis, claimed as neck stiffness. The cervical vertebral body deformity is rated at 10 percent disabling.

The Board has ordered a remand due to the need for additional evidence and examination, including medical records from VA facilities and private doctors. The veteran's claims for service connection for cervical and lumbar spine disabilities are pending.

The veteran's claims for service connection were denied, while he was granted a compensable rating for his right fourth metacarpal fracture. His cervical strain and bilateral shoulder bursitis were not found to be related to service, but his left knee disorder is considered incurred in service.

The veteran's case is being remanded for scheduling a hearing before the Board of Veterans' Appeals. He requested a video or travel Board hearing due to his health issues.

The Board has decided to remand the case for further development, including obtaining service medical records and chiropractic care records. The veteran's claim will be reviewed again after these additional steps are taken.

The Board has determined that new and material evidence has not been received to reopen the veteran's claim of service connection for a cervical and thoracic spine disorder, resulting in a denial.

The Board denied the veteran's claims for service connection for anxiety neurosis with depression, arthritis of the cervical and thoracic spine, and sensorineural hearing loss. The decision also denied entitlement to TDIU.

The VA has determined that the veteran's cervical spine disability, which includes traumatic arthritis and degenerative disc narrowing, does not warrant a rating greater than 40 percent.

The veteran's postoperative cervical intervertebral degenerative disc disease with fusion at C5-C6 is rated as 30 percent disabling under the schedular rating. The claim for a compensable initial rating for myalgia of the upper back was granted.