Neck / cervical spine decisions — 2006

The Board has remanded the case to the RO for further development, including a supplemental opinion from an appropriate VA examiner regarding whether any currently diagnosed cervical spine disability was incurred in or aggravated by service.

The veteran does not have residuals of a fracture of the right foot attributable to service. The veteran has been diagnosed with a cervical spine disability, but there is no evidence linking this condition to service.

The Board has determined that the veteran's cervical and trapezius myositis, degenerative joint disease of the cervical spine, and impingement syndrome of the right shoulder are related to service.

The Board denied higher ratings for lumbosacral strain and cervical spine disability, finding that the evidence did not meet the criteria for a rating in excess of 10 percent from February 18, 1997, or in excess of 20 percent since June 9, 2002.

The veteran's cervical spine injury is not related to service, and his thoracic and lumbar spine disabilities are denied.

The Board has determined that service connection is not warranted for any of the conditions listed, as there is no competent evidence linking them to military service.

The veteran's claims for increased ratings for his service-connected left shoulder disorder and cervical spondylosis were denied. The Board found that the current manifestations of these conditions did not meet the criteria for higher disability ratings.

The veteran's claim for service connection for arthritis of the lumbar spine was reopened and granted. He is also awarded a rating of 40 percent for his residuals, status post herniated nucleus pulposus, L5-S1, effective as of June 5, 2001. The other claims were denied.

The veteran's disabilities do not meet the criteria for a permanent and total disability rating for VA pension purposes, as they are not severe enough to prevent him from maintaining substantially gainful employment.

The Board has determined that the veteran's current cervical spine and right shoulder disabilities are not related to his military service. The evidence does not establish a link between these conditions and any injury or disease he experienced during his active duty.

The Board has determined that the veteran's left shoulder and cervical spine disabilities were not incurred or aggravated by service. The preexisting conditions were found to be not aggravated by active duty.

The veteran's claims for service connection are being remanded due to the need for additional medical examinations and records review.

The veteran's claims for service connection and increased ratings have been denied. The Board found no evidence of a current disability related to his in-service parachute accident, and the VA examinations did not support any current knee or lumbar spine disorders.

The Board has determined that the veteran's chronic granulomatous disease with cervical myelopathy was aggravated by VA treatment in 1988, and this aggravation contributed to his death. Therefore, the claims for compensation under 38 U.S.C.A. § 1151 for accrued benefits and DIC are granted.

The Board denied the veteran's claims for service connection for various conditions, including chronic respiratory disabilities, nose and sinus disorders, cervical and lumbar spine disorders, skin disability, and major depressive disorder. The evidence did not establish a direct link to service or an undiagnosed illness due to service in the Gulf War.

The Board has granted service connection for residuals of a head injury and assigned a 20% disability rating, effective from the date of the decision.

The Board denied the veteran's claims for increased ratings for his low back and neck disabilities, finding that the evidence did not meet the criteria for higher disability ratings under the applicable VA rating schedule.

The veteran's claim for service connection for a cervical spine disorder was reopened and granted. Service connection for residuals of a lumbar spine injury is now effective as of March 26, 2005.

The Board found that the veteran does not have a neck disability that is causally related to his service, and therefore denied his claim for service connection.

The veteran's claim for higher ratings for cervical spine disc disease with traumatic arthritis was denied as the evidence did not meet the criteria for a higher rating under the applicable VA rating criteria.