Neck / cervical spine decisions — 2008

The veteran's appeal is being remanded for further development, including scheduling a hearing before a Veterans Law Judge at the RO.

The VA determined that the veteran's cervical spine disability, which is already rated at the maximum schedular rating available based on orthopedic manifestations, does not warrant a higher rating due to insufficient evidence of incapacitating episodes or significant neurological impairment.

The Board has granted a 20 percent rating for the veteran's service-connected cervical spine disability since May 25, 2007. The effective date of this award is May 25, 2007.

The veteran claims a cervical spine disability related to an incident during service. The VA has not investigated whether direct service connection is warranted for the cervical spine disability or if it is related to any other service-connected disability.

The Board has determined that the veteran's kyphoscoliosis and degenerative changes of the thoracic spine were not incurred in or aggravated by active service, nor may such be presumed.,Similarly, the cervical spine disability was not incurred in or aggravated by active service, nor may such be presumed.

The Board denied service connection for a cervical spine disability and found that the veteran's left lower extremity peripheral neuropathy did not warrant an initial compensable evaluation prior to October 31, 2005 or an evaluation in excess of 20 percent from that date.

The veteran's claim for SMC based on housebound status is granted as of July 1, 2006. The earlier effective date request for July 29, 2004 is denied.

The veteran's claims for service connection were granted, and effective dates of June 19, 2006 were assigned. The appeals for earlier effective dates are denied.

The Board denied the appellant's claims for service connection for various conditions, finding that none of them were incurred or aggravated during his periods of active duty training (ACDUTRA) or inactive duty training (INACDUTRA). The appellant had a preexisting left knee disorder and was not shown to have any new injuries or diseases in ACDUTRA or INACDUTRA. He also did not meet the criteria for service connection due to his psychiatric condition, deep vein thrombosis of the left leg, or pseudofolliculitis barbae.

The Board has determined that the veteran's current degenerative disc disease of the cervical spine is at least as likely as not incurred in service, and thus grants service connection for this condition.

The Board has granted service connection for low back and neck disabilities, finding that the veteran's current conditions are related to his in-service motor vehicle accident. The right hip disability remains at a non-compensable evaluation.

The Board denied service connection for headaches and degenerative disc disease of the cervical spine, finding no evidence linking these conditions to service.

The veteran's claims for increased ratings and service connection were denied. The left shoulder and cervical spine disabilities are not rated higher than the current 10 percent evaluations.,Service connection was granted for a peri-anal abscess, to include hemorrhoids.

The Board has determined that the veteran's major depressive disorder, lumbar strain, and cervical spine disability were incurred in service. The mental health disorder began during his period of active duty due to an incident involving back pain and wrongful accusations. The lumbar strain is related to a diagnosed condition during service, while the cervical spine disability is not related to any aspect of service.

The Board denied service connection for cervical and lumbar spine disabilities and a left knee disability, finding that the conditions did not manifest during or as a result of active duty.

The veteran's appeal is being remanded to obtain medical records and for further consideration of his claims.

The Board has granted the veteran's claims of service connection for lumbar, thoracic, and cervical spine disorders.

The Board denied DIC benefits under 38 U.S.C.A. § 1318 because the veteran was not service-connected for a disability rated as 100% disabling for at least 10 years prior to his death.

The veteran's claims for service connection and earlier effective dates have been abandoned due to her failure to respond within the required time frame.

The veteran's claims for increased ratings and initial ratings were denied. The right leg disability was rated at 30 percent prior to January 7, 2005, and as of March 1, 2006. Cervical radiculopathy was rated at 10 percent throughout the appeal period.