Neck / cervical spine decisions — 2007

The Board has reopened the claim for service connection for a low back disorder and granted service connection. The cervical spine disorder and leg cramps claims are denied.

The Board has reopened the previously denied claims for service connection for hypertension, a right knee disorder, residuals of injury to the coccyx, and a cervical spine disorder. The veteran's claim for anxiety and depression as secondary to VA's adjudicative process is denied as a matter of law.,VA will grant an effective date earlier than August 29, 1995 for the award of additional compensation based on dependents if the evidence shows that the veteran had his marriage and birth of children prior to October 1, 1978.

The Board has determined that the veteran's cervical spine disorder, right hip disorder, and residual scar of the right temple are related to his active military service. The veteran's current conditions were aggravated by or caused during service.

The Board denied the veteran's claim for an effective date prior to November 3, 2004, for the grant of NSC pension benefits as there was no evidence that his previously listed disabilities had worsened since June 5, 2000.

The Board found that the veteran's Osgood-Schlatter's disease of the right knee and degenerative disc disease of the cervical spine do not warrant increased ratings.

The Board has remanded the case for further development, including a VA examination to determine if the veteran's current cervical spine and trapezius strain conditions are related to his service from December 2003 to January 2005.

The veteran's death was not caused by or as a result of any service-connected disability. The Board denied the claim for DIC under 38 U.S.C.A. § 1318 due to lack of entitlement to a total rating for at least five years prior to his death.

The Board has remanded the case for a Travel Board hearing at the RO due to the veteran's request.

The Board denied the veteran's petition to reopen his claim for service connection for DDD of the cervical spine. The RO granted a 10% rating for peripheral neuropathy of both lower extremities and denied an increased rating for DDD of the lumbar spine with disc bulging.

The Board has denied the veteran's applications to reopen his claims for service connection due to lack of new and material evidence.

The veteran's claim for an increased evaluation of his low back disability was denied. The issue regarding reopening the cervical spine disorder claim has been reopened, but there is no evidence to support service connection. There is also no clear and unmistakable error found in the September 1974 rating decision denying service connection for a low back disability.

The veteran's cervical spine disability, including IVDS and bilateral upper extremity radiculopathy, is rated at 20 percent under the September 2003 rating criteria. The condition does not meet or approximate the criteria for a higher rating.

The Board denied a higher disability rating for the veteran's service-connected cervical spine disability, finding that it did not meet the criteria for a disability rating in excess of 40 percent.

The Board found no evidence of a nexus between the veteran's current conditions and his service, thus denying all claims for service connection.

The Board has determined that a new spine examination is required to determine whether the veteran's current cervical spine disability is related to service or secondary to his service-connected thoracolumbar spine disability. The case will be remanded for this purpose.

The Board denied the veteran's claims for service connection for cervical spondylotic myelopathy and a back injury with foot drop, finding no evidence of an in-service injury or a nexus to service.

The veteran's appeal is remanded due to deficiencies in the most recent VA examination, specifically regarding range of motion testing and functional loss. A new VA examination is required.

The Board denied service connection for a cervical spine disorder and a bilateral foot disorder due to lack of evidence linking these conditions to service.,The veteran's claims for reopening the service connection for lumbar spine, kidney, and sickle cell trait with hematuria were also denied.

The Board has determined that the veteran's claimed cervical spine and left knee disabilities were not incurred or aggravated during service, and therefore denied both claims.

The Board denied service connection for neck and low back injuries, finding no evidence of a nexus to service.