Neck / cervical spine decisions — 2012

The Veteran's initial increased ratings for his service-connected lumbar and cervical spine disabilities have been denied. The VA has not provided a rating in excess of the currently assigned disability ratings.

The Board has determined that additional development is needed before the issue of service connection for a cervical spine disorder can be adjudicated on its merits.

The Veteran's claims for service connection for a cervical spine disorder and migraines are being remanded due to the need for additional development, including VA examinations.

The Board has remanded the case due to additional evidence being added to the file since the last Supplemental Statement of the Case (SSOC). The veteran is requested to respond to this new SSOC.

The Board has remanded the claims of service connection for a right ankle disability and reopened claims for cervical, lumbar spine, bilateral hip, and bilateral knee disabilities due to conflicting evidence regarding their etiology. Further development is needed.

The Veteran's claims for increased ratings and earlier effective dates for his service-connected cervical spine disability and stomach disorder have been denied. The Board found that the evidence did not support an earlier effective date than July 21, 2004.

The Board found that the Veteran's current neck disability is not related to his military service, including an injury he sustained while in service. The VA compensation examination and medical opinion concluded that the disability is unrelated to any service-connected condition.

The Veteran's appeal is being remanded for a video conference hearing. Service connection claims and rating issues are pending.

The Board granted an effective date of July 15, 1998 for the grant of service connection for a cervical spine disability. The Veteran's claim to reopen was received on January 6, 1995, and VA considered new evidence submitted in July 1996.

The Board denied the Veteran's claim for service connection for hepatitis C, finding that no new and material evidence had been received. The issue of special monthly pension based on need for regular aid and attendance was also addressed but the Veteran did not meet the criteria as he required assistance with daily activities due to his physical conditions but was not bedridden or hospitalized.

The Veteran's cervical spine disability has been rated at 10 percent, and his lumbar spine disability has been rated at 20 percent as of November 29, 2010. The Board found that the criteria for higher ratings were not met.

The Veteran's cervical sprain and degenerative disc disease of the cervical spine are service-connected. The Veteran is also granted an initial disability rating in excess of 30 percent for conversion disorder, effective July 11, 2008.,For the period prior to June 1, 2011, the Veteran's migraine headaches and left knee tendonitis with scar are each rated at 50 percent. The Veteran is also granted a TDIU.

The Veteran's claim for a TDIU is being remanded due to the need for additional development, including obtaining vocational rehabilitation records and clarifying his disability retirement status.

The Board has remanded the case for further development and examination to determine the severity of the Veteran's cervical spine disability, including any separately ratable neurological manifestations. The claim will be reconsidered after this additional development.

The Veteran's claims of entitlement to an effective date earlier than November 23, 1993 for service connection for posttraumatic headaches and increased rating for the same were denied. Service connection for a cervical spine disorder was also denied.

The Board has determined that the Veteran does not meet the criteria for service connection for anterior to posterior canal stenosis at C3-C4, status post extensive fusion, right arm disability, and alcohol dependence and alcohol-induced depressed mood.,Service connection is denied for these conditions as they are not shown to have developed in service or be causally related to service.

The Board has remanded the case due to the need for additional development, including obtaining records of the Veteran's reserve service and private treatment.

The Veteran's cervical spine disability has been rated at 20 percent since June 2005. The AMC recently awarded a separate compensable rating for his tension headaches.,The Veteran is seeking an increased rating for both his cervical spine disability and his tension headaches.

The Board has reopened the Veteran's claim for service connection for a cervical spine disorder, but denied the underlying claim as there is no evidence of a current disability related to his military service.

The Board has remanded the case due to incomplete service treatment records and a need for further examination regarding the Veteran's claimed neck, right knee, and right ankle disabilities.