Neck / cervical spine Board decisions

The Board has remanded the case due to the need for a VA examination and further development of the cervical spine disability claim.

The Board denied the veteran's requests to reopen his previously denied service connection claims for lumbar and cervical spine disabilities, finding that no new and material evidence had been submitted.

The Board has remanded the case for additional development due to a failure to address evidence of a neurological deficit in the report of VA orthopedic examination.

The Board found that the veteran's cervical spine disability was not incurred in or aggravated by active military service and denied his claim for service connection.

The Board has denied the veteran's claims for service connection for degenerative disc disease of the cervical spine and a right clavicle condition, finding that there is insufficient evidence to support these claims.

The veteran's claim for special monthly pension based on need for aid and attendance or being housebound was denied as he does not meet the requirements for these benefits due to his severe disability but lack of actual need for regular aid and assistance.

The veteran's appeal is remanded for further development, including obtaining VA and SSA records, scheduling medical examinations, and considering the intertwined issues of TDIU and increased rating for mood disorder.

The Board has reopened the claim of service connection for a cervical spine disability and granted it, finding that new evidence supports a link between the veteran's current condition and his in-service injury.

The Board found that the veteran's back disorder, cervical spine disorder, and bilateral hand arthritis are all service-connected. The back disorder is directly related to an in-service injury, the cervical spine disorder is secondary to a service-connected head injury, and the bilateral hand arthritis is not service-connected but may be secondary to a service-connected left elbow fracture.

The Board has determined that the veteran's cervical adenopathy, which was initially granted in November 1994, does not warrant a compensable rating since November 1996. The medical evidence shows no objective findings of cervical adenopathy or enlarged cervical lymph nodes after November 1996.

The Board has granted service connection for Degenerative Joint Disease (DJD) of the cervical spine, finding that it is likely incurred during active duty service. The veteran's current DJD was noted approximately three weeks outside the one-year presumptive period for arthritis.

The veteran's service-connected disabilities are rated at a combined of 70 percent, meeting the schedular requirements for TDIU.

The veteran's cervical spine disability has been rated at 20 percent since the grant of service connection. The current rating is not sufficient to reflect his condition, which includes severe intervertebral disc syndrome with radiculopathy and muscle atrophy.

The Board has remanded the case for further development, including verification of service dates and a VA examination to determine the degree of impairment due to the right knee disability. The appellant is also seeking service connection for left knee and spine disorders.

The Board has granted a rating of 20 percent for degenerative arthritis and disc disease of the cervical spine, effective from December 20, 2005. The veteran's service-connected psychiatric disorder (including Major Depressive Disorder and Bipolar Disorder) remains in dispute.

The VA surgery on July 22, 2005 did not result in an additional disability to the veteran that was caused by carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on part of VA.

The veteran's claims for increased ratings for cervical and thoracolumbar spine disabilities were denied as the evidence did not show any additional limitation of motion or neurological abnormalities warranting a higher rating.

The Board has found that the veteran does not have migraine headaches attributable to service and therefore denied his claim for service connection for migraine headaches.

The Board has remanded the veteran's claims for service connection for chronic lumbosacral and cervical strain due to perceived deficiencies in the analysis provided in the January 2007 decision, and for compliance with the statutory duty to assist.

The VA determined that the veteran's diagnosed spinal disabilities are not related to his military service and therefore denied his claim for service connection.