Neck / cervical spine decisions — 2009

The Board has remanded the case for additional development, including obtaining updated VA treatment records and Social Security Administration records. The Veteran is also required to provide authorization for private medical providers to release their records.

The Veteran's claims for service connection have been remanded due to the need for additional development. The Board found that there is no evidence of a current disability related to service, and thus denied these claims.

The Board granted increased ratings for the appellant's cervical spine disability and L5-S1 disc bulge with chronic coccydinia, but denied an initial rating in excess of 10 percent for post traumatic headaches.

The Veteran's combined rating for his service-connected disabilities is less than total, but the criteria for a total disability evaluation based on individual unemployability due to service connected disorders have not been met. The preponderance of evidence shows that the Veteran is unemployable primarily as a result of the residual disability associated with his nonservice connected cerebrovascular accident.

The Veteran's multiple nonservice-connected disabilities do not meet the criteria for a permanent and total disability rating necessary to qualify for nonservice-connected pension benefits.

The Board has determined that the Veteran's current lumbar spine degenerative disc disease with radiculopathy and cervical spine degenerative arthritis are related to his in-service injuries, and thus service connection is granted.

The Veteran's appeal is being remanded due to procedural errors in VCAA notice and the propriety of reducing his VA benefits due to incarceration. The Board will provide proper VCAA notice, issue a SOC for the reduction issue, and readjudicate the service connection claim.

The Veteran's claim for a higher disability rating for cervical DDD prior to March 7, 2007 was denied. The VA found that the evidence did not meet the criteria for a rating in excess of 10 percent.

The Board found no evidence of a current diagnosis for the Veteran's claimed low back and cervical spine disorders, and thus denied service connection for these conditions.

The Veteran's claims for service connection for a right shoulder disability and a cervical spine disability are being remanded due to the need for additional medical examination to determine if these conditions are related to his military service.

The Veteran's appeal is being remanded for additional development, including obtaining service treatment records and a VA examination to assess the nature and etiology of his claimed knee, neck, and low back disabilities.

The Veteran's claim for service connection was not received until January 5, 2003. The effective date of the award is therefore set to that date.

The Veteran's arthritis of the hands, elbows and cervical spine was not incurred in or aggravated by active duty. The Board found that there is no reasonable possibility that any medical opinion would substantiate the claim.

The Board has reopened the Veteran's previously denied claim for service connection for a back disorder and found that new and material evidence has been received. The Board also determined that there is no link between the Veteran's current back, cervical spine, or bilateral hearing loss conditions and his military service.

The Board has determined that the Veteran's cervical spine disability is related to service, with all reasonable doubt resolved in his favor.

The Veteran's disabilities, while disabling, do not meet the criteria for special monthly pension based on need for aid and attendance or being housebound.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claim of service connection for a fractured neck, as the evidence does not raise a reasonable possibility of substantiating his claim.

The Board has remanded the case for further development, including scheduling a VA examination and preparing a statement of the case on the issues of service connection for cervical spine disability and lumbar spine disability.

The Board denied the Veteran's claim for service connection for osteoarthritis and degenerative disc disease of the cervical spine in March 2005. The Court affirmed this decision, and the Veteran appealed to the BVA. New evidence submitted since the last denial does not relate to an unestablished fact necessary to substantiate the claim.

The Veteran's cervical spine disability is being remanded for further development and re-adjudication due to the need for an adequate examination.