Neck / cervical spine Board decisions

The Board found that the veteran's current spinal and joint conditions are not related to his service, including a motorcycle accident in service. Service connection was denied for all claimed disabilities.

The Board has granted a 30 percent evaluation for migraine headaches, effective from the date of the September 2004 rating decision. The cervical spine claim is being remanded.

The Board has found new and material evidence to reopen the veteran's claims for service connection for cervical and lumbar spine disabilities. The veteran provided credible testimony establishing he had injuries in service, which have resulted in current disability.

The Board found that the veteran's low back and cervical spine disabilities were not caused or aggravated by carelessness, negligence, lack of proper skill, or error in judgment on the part of VA in furnishing hospital care, medical or surgical treatment, nor was such the result of an event not reasonably foreseeable. Therefore, the claims for compensation under 38 U.S.C. § 1151 were denied.

The Board finds that the offset from VA disability compensation for payments under OWCP was proper because the veteran received OWCP benefits for his service-connected cervical and lumbar spine disabilities.

The Board denied the veteran's claims for service connection for bilateral hearing loss, tinnitus, cervical strain (claimed as neck condition), and left varicocele.

The veteran's cervical spine strain is related to an in-service accident. The veteran does not have a left foot disability or right foot disability manifested by numbness and tingling related to service.

The Board has determined that further action is needed to address the veteran's claims for service connection due to incomplete records and need for medical examination.

The veteran's appeal has been dismissed as the appellant or his representative has withdrawn it.

The Board has determined that the veteran's cervical spine condition is related to his active military service and grants the claim for service connection.

The veteran's service-connected tinnitus and cervical strain are currently rated at the maximum allowed under VA regulations, so no higher rating can be granted.

The veteran's appeal is remanded to the VAMC for issuance of a SOC regarding enrollment in a higher Priority Group for VA medical care benefits. The veteran and his representative are reminded that they must file a substantive appeal within 60 days of the issuance of the SOC.

The veteran's claim for a rating in excess of 20 percent for cervical spine disability was granted. Service connection for post-traumatic stress disorder was granted, but service connection for a lung disorder was denied as the evidence did not show a chronic lung disorder during service.

The Board has decided to remand the veteran's claims for bilateral hand arthritis and cervical spine arthritis due to incomplete medical records. The VA will obtain relevant treatment records from private physicians and Social Security Administration, and schedule a VA examination.

The Board finds that the veteran's current cervical spine disorder is related to an in-service neck injury and grants service connection for this condition.

The Board has determined that service connection is not warranted for cervical spine disability and lumbar spine disability. The veteran's current disorders of the cervical and lumbar spines were not incurred in or aggravated by active duty.

The Board has determined that the veteran does not have a current lumbar or cervical spine disability, nor any residuals of a head injury, that are causally related to service. Therefore, service connection for these conditions is denied.

The VA determined that the veteran's cervical spine disability, characterized by limitation of motion and forward flexion greater than 30 degrees, does not warrant a rating higher than 10 percent.

The Board denied the veteran's claims for increased ratings for his cervical spine disability and for SMP based on need for regular aid and attendance or being housebound. The case is remanded for further development.

The veteran's service-connected cervical spine intervertebral disc syndrome and degenerative disc disease, lumbar spine with intervertebral disc syndrome were granted increased ratings. The effective date for the 40 percent rating for right sciatic nerve paralysis was set at March 12, 2007.