Neck / cervical spine decisions — 2006

The veteran's cervical spine disability was rated at 10 percent from October 5, 1988 to October 6, 1991.,From October 5, 1988 to March 31, 1995, the veteran did not meet criteria for a rating in excess of 10 percent for cervical spine disability.,From April 1, 1995 to May 27, 1997, the veteran's cervical spine disability warranted a 20 percent evaluation.,Effective dates prior to May 3, 2004 were granted for right and left upper extremity radiculopathy.,Compensable scar residuals of cervical spine fusions were not shown prior to May 3, 2004.

The Board has remanded the case for further development and consideration, including obtaining a new VA examination to address the etiology of the veteran's throat cancer.

The Board has determined that the veteran's service-connected lumbar and cervical spine disabilities do not warrant an increased disability rating based on the clinical evidence of record.

The veteran's claims for increased evaluations of his service-connected PTSD, DDD of the lumbar spine, and DDD of the cervical spine are being remanded to allow for additional examinations and consideration.

The Board has denied service connection for a neck disability and headaches. The veteran's claim of reopening the neck disability is being remanded due to lack of new and material evidence, while his claim for headaches remains pending.

The Board denied the veteran's claims for increased ratings for his cervical spine disorder, lumbosacral strain, and gastroesophageal reflux with esophagitis, hiatal hernia, and erosive gastritis. The evidence did not support service connection or higher ratings under applicable criteria.

The veteran's claim for a rating in excess of 20 percent for his cervical spine disability and a separate compensable rating for headaches was denied. The VA examiner found that the veteran's headaches are not neurological in nature, which affects the determination of whether he is entitled to a higher rating under DC 8100.

The Board denied the veteran's claims for increased ratings for his service-connected disabilities, including diabetes mellitus, bursitis of the right shoulder, degenerative changes in the cervical spine, hearing loss of the left ear, pansinusitis, diverticulum of the esophagus and duodenum, and heel spurs of the right os calcis. The veteran was not shown to have been exposed to Agent Orange during service.

The Board has determined that there is no probative medical evidence of a cervical spine disability during active military duty, or for many years thereafter. Therefore, the veteran's claim for service connection for a cervical spine disability was denied.

The veteran's unauthorized medical expenses incurred at St. Luke's Regional Medical Center were not reimbursable due to the availability of a VA facility, and the veteran did not meet all criteria for reimbursement under applicable laws.

The Board found new and material evidence to reopen the claim, but denied compensation under 38 U.S.C.A. § 1151 for a cervical spine disorder allegedly resulting from a VA hospitalization in December 1994.

The Board has remanded the case for additional development due to insufficient VCAA notice and conflicting medical evidence regarding the veteran's cervical spine disorder. The case will be returned to the Board after further development.

The veteran's cervical spine disability was rated at 40 percent from January 16, 2001 to February 25, 2001.

The Board has ordered a remand due to the ambiguity of the examiner's initial opinion and the veteran's reported conversation with the examiner. The case will be returned for another examination to determine if the veteran's cervical spondylosis is related to his military service.

The VA has determined that the veteran's cervical spine disability, which is currently rated at 30 percent, does not warrant a higher rating based on current criteria.

The Board has determined that the veteran does not have current disabilities for which service connection can be granted, specifically for a bilateral foot disorder, thoracic spine disorder, and cervical spine disorder.

The veteran's service connection for residuals of a right wrist strain is granted. The RO has assigned a 30 percent disability evaluation for his degenerative disc disease/degenerative arthritis of the cervical spine, which was previously rated at 20 percent. His status post malunion of fractured mandible; bilateral comminuted open fractures of the mandible left body and right angle remains noncompensable as there is no evidence of a compensable disability. The veteran's nerve paresthesia of the left side of the face has also been rated at 0 percent.

The VA denied the veteran's request for an increased rating for her cervical spine disability, maintaining a current evaluation of 20 percent since May 1, 2003.

The Board denied service connection for a neck disability, including as secondary to service-connected chronic low back strain. The appeal regarding an earlier effective date for the grant of service connection for chronic low back strain was also denied due to lack of timely notice of disagreement.

The veteran withdrew his appeal, thus the case is dismissed without prejudice.