Neck / cervical spine Board decisions

The Board has remanded the case due to incomplete medical records and further development is needed before a decision can be made on the veteran's claims for service connection for cervical spine and right shoulder disabilities.

The veteran's appeal is being remanded to the RO for further development, including obtaining SSA records and scheduling a VA examination. The claims will be adjudicated based on the new criteria effective September 26, 2003.

The Board denied an initial disability rating in excess of 10 percent for cervical spine dysfunction with degenerative changes, finding that the veteran's range of motion did not meet criteria warranting a higher rating.

The Board has determined that the veteran does not have a current low back or cervical spine disorder, and therefore cannot establish service connection for these conditions.

The veteran's cervical spine disorder is currently rated at 40 percent, effective from December 1994. His lumbar spine disorder has been increased to a 20 percent rating since the same date.

The veteran's service connection claim for a cervical spine disorder, including degenerative joint disease and herniated discs, is granted as his conditions are presumed to have been incurred during his active duty in the Persian Gulf War.

The Board has remanded the veteran's claims for higher initial ratings and service connection due to incomplete information, need for further examination, and potential changes in rating criteria.

The veteran's appeal is being remanded to obtain additional medical records and for further development.

The Board denied the veteran's claim for service connection for a cervical spine disability as secondary to his service-connected lumbar spine disability. The dental disability was granted based on its service-connected status.

The veteran's claim for special monthly compensation by reason of being housebound was denied as he does not meet the threshold criteria of having a single service-connected disability rated at 100 percent.

The veteran's claim for an effective date earlier than January 6, 1999 for the award of service connection for degenerative joint disease of the cervical and thoracic spine was denied. The rating assigned is 10 percent.

The veteran's headaches are rated at the highest schedular evaluation of 50 percent, effective from the date service connection was granted. The right shoulder and cervical spine disabilities each receive a 30 percent rating.

The veteran's claims for increased ratings and service connection have been denied. The headaches claim is denied as the evidence does not show characteristic prostrating attacks, while the low back and neck disability claims are based on the current rating criteria.

The Board has denied the veteran's appeals for service connection for blood clots and cancer, as well as his appeal for a temporary total disability rating under 38 C.F.R. § 4.30 following cervical spine surgery in 1995. The effective date of TDIU benefits was determined to be July 15, 1996.

The Board has determined that the veteran's degenerative disc disease of the cervical and lumbar spine is service-connected, with no gaps in the record indicating a need for further investigation or evidence.

The veteran's appeal was denied as he did not have qualifying service for basic eligibility to receive nonservice-connected pension benefits.

The Board denied the veteran's claims for increased evaluations for his post-traumatic stress disorder, lumbosacral strain with degenerative changes, and cervical strain with degenerative changes. The RO granted a 40 percent evaluation for residuals of lumbosacral strain with degenerative changes effective August 7, 2001, and a 30 percent evaluation for residuals of cervical strain with degenerative changes as of that date.

The Board has determined that the appeal is REMANDED to the RO for further development and consideration of the veteran's claims.

The VA determined that the veteran's cervical spine disorder and arthritis were not incurred in or aggravated by active military service, nor may they be presumed to have been incurred therein.

The veteran's claims for increased ratings for cervical spine degenerative joint disease and myofascial pain syndrome of the lumbar spine with disc protrusion at L4-5 were denied as his conditions did not meet the criteria for higher ratings under the applicable rating criteria.