Neck / cervical spine decisions — 2005

The Board has determined that the veteran's right shoulder and neck disabilities were not incurred or aggravated in service, and arthritis may not be presumed to have been incurred in service.

The Board has remanded the case for additional development to determine if the veteran's herniated and bulging discs of the cervical spine and postoperative residuals microdiscectomy on the L4-L5 are related to service, including inservice low back pain, or aggravated by a service-connected disability.

The Board has denied the veteran's claims for service connection and rating assignments, finding that new evidence did not meet the criteria to reopen previously denied claims or establish service connection.

The Board has remanded the case due to incomplete development and need for further examination. The veteran's claims for higher rating of his low back disorder, service connection for cervical spine and bilateral shoulder disorders are being reviewed.

The veteran's TDIU claim is being remanded due to the inextricably intertwined nature of his service connection claims. The RO must develop and adjudicate these new service connection issues before considering the TDIU issue.

The Board has granted an initial rating of 30 percent for chronic left cervical strain and denied a higher rating for chronic muscular strain, left scapula trapezius, status post acromioclavicular (AC) joint separation.

The Board has remanded the issue of entitlement to higher initial evaluations for the veteran's service-connected cervical and lumbar spine disabilities.

The veteran's appeal is remanded for additional development, including obtaining VA medical records and scheduling a new VA examination to assess the current manifestations of his cervical and lumbosacral spine disabilities.

The Board denied the veteran's claims for increased evaluations and service connection, finding no evidence of a chronic disability related to his active duty service or any other basis for granting these claims.

The veteran is seeking compensation under 38 U.S.C.A. § 1151 for a cervical spine disorder allegedly resulting from a VA hospitalization in December 1994. The case has been remanded to determine the relationship between the veteran's current cervical spine disorder and any negligence or fault on the part of VA treatment providers during that hospitalization.

The Board denied the veteran's claims for service connection for degenerative disc disease of cervical and lumbar spine, degenerative disease of right shoulder and hands, and arthritis of left shoulder, hips, knees, and ankles. The issues of entitlement to service connection for degenerative disease of the right shoulder and hands, and arthritis of the left shoulder, hips, knees, and ankles are addressed in the REMAND portion of this decision.

The Board denied the veteran's claims to reopen his service connection for cervical and lumbar spine disorders, finding that new and material evidence had not been submitted.

The veteran withdrew his appeal regarding the issue of an effective date earlier than February 8, 2001, for a 20 percent evaluation for internal derangement of the left knee with postoperative degenerative changes. The remaining issues were remanded for further development.

The veteran's claims were denied because he is a fugitive felon and compensation benefits are prohibited for this period.

The Board denied the appellant's request for an earlier effective date of July 5, 2000 for a 60% evaluation for service-connected traumatic arthritis of the cervical spine with spondylosis.

The veteran's appeal is being remanded for additional development of his claims, including a VA examination and consideration of the revised rating criteria for spine disabilities.

The veteran's cervical arthritis is presumed to have been incurred during active military service. The right shoulder disorder and chronic rash (psoriasis) are not currently granted as service-connected.

The Board has remanded the case for further development due to discrepancies in representation and notification.

The veteran's appeal is being remanded for further development and consideration of his claims, including obtaining additional medical records and scheduling examinations to evaluate the severity of his service-connected disabilities.