Neck / cervical spine decisions — 2008

The Board denied the veteran's claims for service connection and compensation under 38 U.S.C.A. § 1151 for his claimed conditions, finding no evidence of a direct link to service or VA treatment.

The Board has decided to remand the case for additional development, including obtaining medical records and conducting a special examination to determine if the veteran requires aid and attendance.

The Board has determined that the veteran's claims for service connection for residuals of a head injury, low back disability, and cervical spine disability are not supported by the evidence of record. The preponderance of the evidence is against these claims.

The Board denied the veteran's claims for increased ratings for her cervical spine disorder and right shoulder disorder, finding that neither condition warranted a rating higher than the current assigned ratings.

The Board has remanded the case for additional development to determine if current degenerative changes of the cervical, thoracic, and lumbar spine began during service.

The veteran's claims for increased ratings for his service-connected right wrist fracture, lumbosacral spine disability, and cervical spine disability were denied. The RO assigned the maximum schedular rating of 10 percent for each condition.

The Board has decided to remand the veteran's claims for increased evaluations and TDIU due to incomplete development of records, including VA treatment records and SSA disability benefit redeterminations. The case will be returned to the RO for further action.

The Board has determined that the veteran's claims for service connection for back and neck disabilities have been denied as there is insufficient evidence to support these claims.

The Board denied the veteran's claims for increased disability ratings for his service-connected cervical spine, allergic rhinitis, and chondromalacia patella of the right knee. The veteran was not granted any additional benefits.

The Board has denied the veteran's claims for service connection and compensation under 38 U.S.C.A. § 1151 due to lack of evidence showing that his injuries were caused by VA care, treatment or examination.

The veteran's claim for specially adapted housing or a home adaptation grant is being remanded due to the need for further examination and consideration of his service-connected disabilities, including his spine disability.

The Board has determined that new and material evidence has been received to reopen the veteran's claim for service connection for a cervical spine disability. The case is being remanded for further development, including a VA examination.

The Board found that the veteran's cervical spine disability did not begin in service and was not caused by his service-connected lumbar spine condition. The claim for malignant follicular lymphoma, to include as due to exposure to ionizing radiation, is remanded for further development.

The Board has remanded the claims for service connection for lumbar and cervical spine disabilities due to insufficient evidence on which to decide these claims, including a need for another VA examination.

The Board has determined that the veteran's cervical spine disability is not related to his military service and therefore denied his claim for service connection.

The Board denied service connection for a cervical spine disability and denied increased ratings for the veteran's fractured clavicle, right thumb arthritis, and muscle injury in his right upper extremity. The veteran's claims were not granted as there was insufficient evidence to support these conditions.

The veteran's claims for service connection for various conditions have been dismissed due to withdrawal of the claim for rheumatoid arthritis.

The Board finds that the recoupment of the full pre-tax amount of separation pay received at separation from service, in the amount of $24,021.79, by withholding VA disability compensation is proper.

The VA denied the veteran's claim for an initial evaluation in excess of 10 percent for her cervical spine disability, finding that her condition did not warrant a higher rating based on the current evidence.

The veteran's cervical headaches are rated as 10 percent disabling. The case is REMANDED for a VA examination to determine the severity and frequency of the veteran's cervical headaches, and for readjudication of his TDIU claim.