Neck / cervical spine decisions — 2007

The Board has dismissed the appeal due to a lack of timely substantive appeal for the March 2002 rating decision on service connection for residuals of head injury, cervical spine disability, and acquired psychiatric disorder.

The Board has determined that the veteran does not have a low back disability and therefore, service connection for this condition is denied.

The veteran's appeal is being remanded for additional development, including verification of stressors and VA examinations to determine the etiology of his claimed conditions.

The Board has determined that the effective date for the TDIU award should be June 24, 1997, as this is when the veteran submitted evidence indicating he was unemployable due to service-connected disabilities.

The Board denied the veteran's claims for service connection for bilateral knee, low back, and neck disabilities due to a lack of current medical evidence showing these conditions.

The Board has remanded the case due to outstanding medical questions regarding the veteran's back and muscle conditions in service, as well as post-service injuries. The claims will be adjudicated again based on this new development.

The Board has determined that additional development is needed before the claims for increased evaluations can be decided.

The Board denied increased ratings for the veteran's conditions, including residuals of head injury with skull loss, rectus muscle paralysis with diplopia in his left eye, status post compression fracture with degenerative changes and cervical neuritis, and tender operative scar from a hip donor site.

The veteran's claims for increased ratings for traumatic arthritis of the right hip and degenerative joint disease of the cervical spine were denied as there is no evidence showing more than moderate limitation of motion or neurologic deficit.

The Board has denied the veteran's claims for service connection for hypertension, hyperlipidemia, foraminal stenosis of the cervical spine, and deviated septum. The appeals are based on direct service connection.

The Board has determined that additional development is necessary prior to completion of its appellate review for the claim of an initial rating in excess of 60 percent for a cervical spine disorder.

The veteran's claim for a total disability compensation rating based on individual unemployability due to service-connected disabilities is being remanded for additional development, including obtaining VA medical records and scheduling the veteran for an examination to assess his ability to work.

The Board has remanded the case due to incomplete service records and the need for additional medical examination.

The Board found that the veteran's current disabilities were first manifested many years after his discharge from active service and there is no competent medical evidence linking these conditions to an event in service.

The Board denied an increased rating for the veteran's cervical spine disability, finding that it did not meet the criteria for a higher evaluation.

The VA has determined that the veteran's cervical spine disability, with a history of fracture to C5-6, does not warrant an evaluation in excess of 40 percent due to moderate limitation of motion and no neurologic manifestations.

The Board has determined that the appellant is not blind in both eyes, does not require nursing home care due to mental or physical incapacity, and her disabilities do not necessitate regular aid and attendance of another person on a regular basis. The appellant's conditions are deemed insufficient for special monthly pension based on need for regular aid and attendance.

The veteran's cervical spine disability and hepatitis B were not found to be related to service. The Board also denied the claim for gastroesophageal reflux disease (GERD).

The veteran's appeal is being remanded for additional development, including a new VA examination and consideration of the September 2002 and September 2003 amendments to the rating criteria for his cervical spine disability.

The Board denied the veteran's claims for increased ratings and service connection, finding that her conditions did not meet the criteria for higher ratings or service connection based on secondary to a service-connected condition.