Neck / cervical spine decisions — 2008

The veteran's claim for a compensable rating for cervical spine disability incurred in the October 1985 accident is being remanded. The issue of whether new and material evidence has been received to reopen a claim for service connection for residuals of injuries incurred in the December 1984 automobile accident, including disability of the cervical spine, is also being remanded.

The Board has ordered additional RO action to consider new evidence submitted by the veteran, including a radiology report from her service medical records. The case is remanded for further consideration of the claim.

The Board has remanded the veteran's claim for service connection for PTSD and is requesting further action on his appeal regarding a March 2006 rating decision assigning an initial compensable disability evaluation for his nasal bridge, right medial cheek, and right nasolabial fold scar.

The Board denied the veteran's claims of service connection for bilateral wrist injury, nose disability, neck disability, and back disability due to a lack of competent evidence of current disabilities or a nexus between any claimed conditions and active military service.

The Board found no evidence linking the veteran's current cervical spine disability to his service and denied both the claim for service connection and TDIU.

The veteran's claims for increased ratings for cervical spine arthritis, right shoulder bursitis prior to June 16, 2005, and sinusitis were denied. The maximum schedular rating of 30 percent has been granted for the cervical spine since December 1, 1998.

The veteran's claims for service connection are being remanded due to the need for additional evidence, including in-patient hospital records and VA clinic records.

The Board denied the veteran's claims for higher initial ratings for cervical spine disability, lumbar spine disability, and right shoulder arthritis. The claim for residuals of excisions of basal cell carcinoma was not addressed as it was rated noncompensable.

The veteran's service-connected disabilities do not prevent him from engaging in gainful employment consistent with his education and occupational experience.

The veteran's claims for increased ratings for his cervical spine, left knee, and right knee disabilities are being remanded for additional development.

The Board denied the veteran's claims for service connection for back disability, neck or cervical spine disability, bilateral shoulder disabilities, and bilateral hearing loss. The decision is based on a finding that there was no evidence of current disabilities or a causal link to service.

The Board has vacated the previous decision and is remanding the case for a videoconference hearing before a Veterans Law Judge at the RO, after which it will be returned to the Board for further review.

The Board has determined that the veteran does not have diagnosed respiratory, cervical spine, right knee, left knee, or right shoulder disorders and therefore denied service connection for these conditions.

The Board found no evidence to support the veteran's claim of service connection for a cervical spine disability, concluding that it is not related to his service or any service-connected condition. The issue of an increased rating for low back disability remains pending.

The Board has determined that a disability rating of 40 percent for service-connected herniation of the lumbar spine is warranted, effective from April 13, 1998. The decision also granted an increased rating for chronic cervical myofibrositis.

The Board has ordered the case to be remanded for additional development of medical records and service personnel files.

The Board denied the veteran's claims for service connection for low back and neck disabilities, finding no current diagnosed conditions or a link to service.

The Board has reopened the veteran's claim and determined that new evidence supports a finding of service connection for low back disability, cervical spine disorder, hip disorder, left hand nerve damage, generalized arthritis, hypertension, psychiatric disorder, bilateral knee disability, digestive disorder, and foot disability. The conditions are presumed to have been aggravated by service.

The Board denied service connection for cervical spine disability with associated numbness of the right arm as secondary to service-connected lumbar spine disability and denied service connection for disability of the ankles, both finding that there was no evidence linking these conditions to service or service-connected disabilities.

The veteran's appeal is being remanded for a Board video conference hearing. The issues include service connection for sleep apnea, residuals of a head injury, and reopening the claim for cervical spondylosis with radiculopathy.