Neck / cervical spine Board decisions

The veteran's initial claim for a higher rating for cervical spine disability was denied prior to September 26, 2003. From that date, the claim was also denied as her condition did not warrant an increased rating.

The Board granted a 30 percent evaluation for the veteran's cervical disc herniation, effective February 6, 2004. The claim for service connection for headaches was also granted.

The Board found that the veteran's cervical spine disability did not meet or approximate the criteria for a higher evaluation, and thus denied his claim for an initial evaluation in excess of 10 percent.

The Board found that new and material evidence had not been submitted to reopen the claim for service connection for a cervical spine disability. The issue of service connection for a left eye disorder was not addressed in this decision.

The veteran's claim for SMC based on the loss of use of a creative organ was denied as her symptoms are not attributable to any service-connected disability.

The Board has determined that the veteran's right shoulder disability and cervical spine disability are related to incidents during active military service, granting service connection for both conditions.

The Board has remanded the case to the RO for further development and readjudication, including obtaining additional medical records and scheduling a VA examination.

The Board has determined that the veteran's left arm pain and numbness are not related to his retained foreign body in the elbow, but rather to degenerative disc disease of the cervical spine. As a result, the claim for a compensable rating is denied.

The Board denied the veteran's claims for increased ratings for his service-connected lumbar spine, cervical spine, and right shoulder disabilities.

The veteran's claim for increased disability ratings for his service-connected cervical spine and lumbar spine disorders was granted, with effective dates of October 25, 2002.,Effective October 25, 2002, the veteran is now entitled to a 30 percent disability rating for degenerative disc disease of the cervical spine and a 20 percent disability rating for degenerative disc disease of the lumbar spine.

The veteran's claimed conditions are not shown to be related to his military service or Agent Orange exposure.

The Board denied the veteran's claims for increased ratings for his cervical spine, thoracolumbar spine, and left lower extremity disabilities. The VA examinations showed limited motion in both the cervical and lumbar spines, but no evidence of muscle spasms or abnormal spinal contours resulting in an abnormal gait.

The veteran's case is being remanded for additional development, including obtaining SSA records and scheduling a VA examination to clarify the etiology of his service-connected disabilities and determine if he is unemployable due to these conditions.

The Board has determined that the veteran does not have any current disabilities related to his service, and therefore, service connection is denied for head injury residuals, cervical spine disorder, thoracolumbar spine disorder, right knee disorder, left knee disorder, right hip disorder, and left hip disorder.

The Board has determined that the veteran's current cervical spine disability is not related to service, and therefore denied his claim for service connection.

The Board denied the appellant's claim for an extension of her delimiting date for educational assistance benefits under Chapter 1606, finding that she did not provide timely documentation and was not prevented from attending school by a service-connected disability.

The veteran's claim for a total rating based on individual unemployability was granted, and he is now receiving a 30% evaluation for his cervical spine disability.

The veteran's cervical spine degenerative disc disease and degenerative arthritis have been rated at 60 percent since July 10, 2004. The lumbar spine degenerative disc disease and degenerative arthritis have been rated at 40 percent since October 4, 1996.

The Board has granted service connection for the veteran's cervical spine disability as secondary to his service-connected right leg and lumbar spine disabilities. The claim for an increased rating for his right knee disability is also granted, with a 10 percent rating assigned.

The veteran is seeking to reopen his claims for service connection for arthritis of the cervical spine, varicose veins, and bilateral internal derangement of the knees. The case is being remanded for additional development.