Neck / cervical spine Board decisions

The veteran's cervical spine disability has been rated at 20 percent since November 1, 2007.

The Board has remanded the case for further development, including scheduling a VA neurology examination to identify any objective neurologic abnormalities associated with the veteran's service-connected cervical, thoracic, and lumbar spine disabilities.

The Board has dismissed the appeal for service connection of a cervical spine disability due to lack of a timely substantive appeal. The claims for left shoulder disability and hepatitis C were also denied as there was no evidence showing they were incurred in or aggravated by service.

The Board has remanded the veteran's claim for service connection for residuals of a spine injury due to incomplete development, including obtaining SSA records and VA treatment records. The AOJ must also ensure that the veteran is provided with notice regarding presumptive service connection regulations.

The Board has determined that the veteran's hepatitis C was not incurred in service and her cervical and lumbar spine disabilities were not incurred or aggravated by service. The claims are therefore denied.

The veteran's appeals for a compensable evaluation for service-connected lumbosacral and cervical spine strain, non-service-connected pension benefits, and service connection for a rash have been withdrawn. The issue of entitlement to a compensable evaluation for the laceration of the 4th and 5th fingers of the left hand is dismissed.

The Board has determined that new and material evidence has been submitted to reopen the claim for service connection for cracked cervical vertebrae with neuropathy of the right upper extremity. The veteran's current degenerative disc disease of the lumbar spine is not etiologically related to active duty service.

The Board denied the veteran's claims for increased ratings and compensable ratings for his disabilities, finding that the evidence did not meet the criteria for higher disability ratings under VA regulations.

The veteran's service-connected disabilities do not meet the criteria for special monthly compensation by reason of the need for regular aid and attendance of another person or due to being housebound.

The veteran's claims for increased ratings were granted with effective dates of September 2, 2004.

The veteran's claim for service connection for pain of multiple joints, including the cervical spine, left shoulder, bilateral hips, left knee, and big toes, was denied as there is no evidence of a current disability or etiology attributable to his military service.

The Board has remanded the case for further development, including obtaining SSA records and arranging for VA examinations of the veteran's cervical spine.

The veteran's service-connected disabilities are of such nature and severity as to prevent him from securing or following any substantially gainful employment, warranting a TDIU rating.

The Board denied the veteran's claims for earlier effective dates of service connection for Post-Traumatic Stress Disorder, Low Back Disability, and Cervical Spine Disability. The effective date for PTSD was set at April 6, 1992, as this is when the claim was received. For Low Back Disability and Cervical Spine Disability, the earliest dates of service connection were July 31, 2000.

The Board found that the veteran's cervical spine disability was not incurred in or aggravated by his active service and is not proximately due to or the result of his service-connected residuals of a right chest wall gunshot wound.

The Board granted an initial disability rating of 20 percent for cervical strain with degenerative joint disease effective from November 7, 2007. The veteran's thoracic strain was not addressed in this decision.

The veteran's claimed muscle spasms and swollen joints are not service-connected as they are attributed to diagnosed conditions, and the medical evidence does not support a finding of a relationship between these symptoms and his military service.

The Board has determined that the veteran does not have a disability of the cervical spine, bilateral shoulders, bilateral hips, right ankle, low back, or bilateral knees due to service. The claim for PTSD was also denied as there is no evidence linking it to service.

The Board has determined that further development is required for the veteran's claims, including additional examinations and obtaining relevant medical records. The case will be remanded to the RO for these actions.

The Board found that the veteran's cervical spine, left elbow, and right elbow disabilities were not incurred in or aggravated by active service, and are not proximately due to, or chronically aggravated by, his service-connected lumbar spine disability. The claims for these conditions have been denied.