Neck / cervical spine Board decisions

The Board of Veterans' Appeals has determined that the veteran's cervical spine disorder is not related to his active service and therefore denied his claim for service connection.

The Board has determined that the veteran's cervical spine disability was not incurred in or aggravated by military service and may not be presumed.

The Board has determined that new and material evidence has not been submitted to reopen the veteran's claims for service connection for a cervical spine condition and an acquired psychiatric disorder (major depression). The appeal regarding post-traumatic stress disorder is being remanded.

The Board has determined that the veteran does not have cervical disc disease or residuals of a left leg and ankle fracture that are related to his service, and therefore, denied these claims.

The Board has determined that the veteran's neck disability was not incurred or aggravated during his active duty service and denied his claim.

The veteran's service-connected disabilities have rendered him unable to secure and follow a substantially gainful occupation, thus meeting the criteria for a TDIU rating.

The VA denied a higher evaluation for the veteran's cervical spine disability, finding that it primarily manifests as pain and limited motion without any incapacitating episodes.

The Board denied service connection for degenerative joint disease of the shoulders and cervical spine, finding no evidence linking these conditions to service. The claim for schizophrenia was also denied as new and material evidence had not been received.

The Board found no evidence linking the veteran's current cervical spine disorder and herniated disc to his military service, including incidents of head impacts while in service. The claim for increased rating for tinnitus was not addressed as it pertained only to one issue on appeal.

The veteran's claims for service connection are being remanded due to inadequate development of the medical records and examination reports.

The veteran's claims for increased evaluations of his service-connected low back strain, head injury with migraine headaches, and neck strain are being remanded to the RO for additional development including obtaining medical records from a private physician and scheduling new VA examinations.

The veteran's appeal is remanded for further development, including obtaining medical opinions and records to determine the appropriate diagnoses of his cervical spine disabilities and whether additional disorders are present or secondary to the service-connected disability.

The Board has determined that the appellant's thoracolumbar spine disability warrants a 20 percent evaluation prior to June 29, 1999 and a 40 percent evaluation from that date. For his cervical spine disability, he is entitled to a 10 percent evaluation prior to October 16, 2002 and a 20 percent evaluation thereafter.

The Board has determined that additional development is needed for the veteran's claims, including obtaining Social Security Administration records and VA Medical Center treatment records. The case will be remanded to consider these new pieces of evidence.

The Board denied the veteran's claims for service connection for a cervical spine disorder, bilateral defective hearing with tinnitus, and an increased evaluation for his gastrointestinal disorder. The denial was based on the absence of new and material evidence to reopen the claim for cervical spine disorder.

The Board denied the veteran's claims for service connection for degenerative arthritis of the cervical spine and an increased rating for residuals of shell fragment wounds to the right shoulder involving Muscle Group III.

The Board denied the veteran's claim for service connection for a cervical spine disability, finding that there was no evidence linking the condition to service or a service-connected disability.

The veteran's cervical spine disability with degenerative disc disease was granted a combined rating of 30 percent effective September 23, 2002. Prior to this date, the disability was rated at 10 percent.

The Board has determined that the veteran's currently diagnosed cervical spine disorder, including degenerative disc disease with radiculopathy, was incurred in active service.

The Board has remanded the case due to new evidence suggesting a motor vehicle accident in 1991 may have caused the veteran's cervical spine disorder and headaches. The veteran will need to undergo further examination to determine if these conditions are related to the 1991 incident.