Neck / cervical spine Board decisions

The Board has remanded the case due to a scheduling issue for an appropriate hearing.

The Board denied service connection for a cervical spine disability in February 2007. The veteran's motion alleged clear and unmistakable error (CUE) due to not having been afforded a video conference hearing, but the Board found that he had received an in-person hearing before a member of the Board.

The Board has remanded the case for additional development and readjudication due to a previous denial of service connection for a neck disability.

The Board found that the veteran's cervical spine disability was not caused by carelessness, negligence, lack of proper skill, or error in judgment on the part of VA in furnishing medical treatment to him. Therefore, compensation under 38 U.S.C. § 1151 is denied.

The veteran's initial claim for a higher rating was denied, and he is currently receiving a 30 percent rating for his cervical spine disability.

The veteran's claims for service connection have been reopened. The RO has also granted increased evaluations for her right and left calcaneal fractures, each rated at 30 percent disabling.

The veteran's cervical spine strain was manifested by a normal cervical spine with no measurable limitation of motion from February 18, 1997 to September 12, 1997.

The Board has determined that new and material evidence was not received to reopen the veteran's claim for service connection of a chronic low back disorder. The Board also found no evidence linking the veteran's current degenerative arthritis of the cervical spine to his active military service.

The veteran's claim for an increased rating for his cervical spine disability was granted, with a current rating of 20 percent effective October 18, 2006.

The Board found no evidence of a chronic disability resulting from an undiagnosed illness, and denied service connection for multiple joint problems/pain, cervical spine pain, and lumbar spine pain.

The Board has granted an initial rating of 20 percent for the veteran's service-connected mechanical cervical strain and a separate 20 percent rating for C-7 radiculopathy of the right upper extremity. The veteran's disability picture is not considered to warrant higher ratings.

The veteran's cervical spine disability is rated at 20 percent, and his bilateral tinea pedis with onychomycosis is rated at 10 percent. Both ratings are granted.

The Board denied the veteran's claim for an increased evaluation for his service-connected chronic cervical strain with degenerative disc disease, finding that the evidence did not support a rating higher than 20 percent.

The veteran's claims for service connection were denied across the board. The Board found that none of the claimed conditions were incurred in or aggravated by service, and no presumption of radiation exposure was applicable.

The veteran's cervical spine condition is not service connected.,His mood and dysthymic disorders are not service-connected.

The Board denied the veteran's claims for higher initial ratings for his degenerative disease of the cervical and lumbar spines, finding that the evidence did not support a rating in excess of 10 percent under either the old or revised VA schedular criteria.

The veteran's service connection claims for irritable bowel syndrome, anemia, and a great toe disorder (exostosis) have been granted. The veteran also has service-connected degenerative disc disease of the cervical spine, left heel spur with plantar fasciitis, gastrointestinal reflux disease, and hemorrhoids. His right ear hearing loss is rated as compensable.

The Board denied the veteran's claims for a rating in excess of 10 percent for cervical myositis and service connection for cervical radiculopathy, finding that the current diagnoses were not incurred or aggravated by service.

The Board has remanded the case due to potential prejudice and the need for a VA spine examination. The veteran's claims for higher ratings for his lumbar and cervical spine disabilities are inextricably intertwined with this issue.

The veteran's appeal has been dismissed due to his death.