Neck / cervical spine Board decisions

The Board denied the veteran's claim for Total Disability based on Individual Unemployability (TDIU), but granted it in a later decision. The attorney is not eligible for payment of fees from past-due benefits awarded due to this TDIU grant.

The Board denied the veteran's claims for increased disability evaluations for his service-connected degenerative joint and disc disease of the lumbar spine and cervical spine, finding that the evidence did not meet the criteria for a higher evaluation.

The veteran's condition, while severe, does not meet the criteria for special monthly pension based on need for regular aid and attendance or at the housebound rate due to his current disability ratings.

The Board denied the veteran's claim for an extension of a temporary total convalescent rating based on surgery performed in May 1997 due to lack of severe post-operative residuals.

The Board has determined that the veteran's neck disability developed during his period of Active Duty for Training (ACDUTRA) in June 1982 and is therefore service-connected.

The Board denied the veteran's claims for service connection for neck and right shoulder disabilities, as well as his hypertension disability. The claim for bilateral hearing loss was granted. No specific rating or effective date was assigned.

The veteran's death was not caused by his own willful misconduct. The Board found that the veteran did not meet the criteria for DIC benefits under 38 U.S.C.A. § 1318 as he did not have a right to receive total service-connected disability compensation from VA for at least 10 years prior to his death.

The Board denied the appellant's claims of service connection for lumbar spine, cervical spine, headache, urinary, and brain disorders due to lack of evidence linking these conditions to service.

The Board finds that the veteran's claim of service connection for a cervical spine disability manifested by neck pain and stiffness is plausible and well grounded. The RO must obtain all VA treatment records related to the veteran's cervical spine/neck pain, conduct a VA examination to determine the current nature of the claimed condition, and then review the claims on the merits.

The Board denied the veteran's claims for service connection for residuals of a cervical spine injury and an increased rating for his scar on the bridge of the nose and left eyebrow. The Board found that there was no evidence linking current cervical spine disability to the motor vehicle accident in service, and concluded that the scars were not disabling enough to warrant a higher rating.

The veteran's only service-connected disability is chronic cervical syndrome, which renders him unable to secure or follow a substantially gainful occupation.

The Board granted an initial compensable rating of 10 percent for service-connected chronic cervical spine strain with recurrent left-sided torticollis, and denied a higher disability rating for the service-connected chronic low back pain syndrome with recurrent left leg radiculopathy.

The veteran's claim for an earlier effective date for a TDIU rating is being remanded due to incomplete medical records. The RO must obtain all relevant treatment records and consider the applicability of the criteria pursuant to 38 C.F.R. § 3.321(b)(1).

The veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to assess the severity of his cervical spine and right shoulder disorders.

The Board denied service connection for the veteran's claimed conditions, finding no competent evidence linking them to his military service.

The Board has remanded the case for scheduling a personal hearing before a traveling member of the Board.

The Board denied the veteran's claims for increased ratings for his lumbosacral strain and cervical strain, finding that the evidence did not meet the criteria for a higher rating under applicable schedular criteria.

The Board found no competent medical evidence linking the veteran's current disabilities to service, and thus denied all claims for service connection.

The Board denied the veteran's claims for increased ratings for his service-connected cervical spine disability and right mandible fracture, finding that the evidence did not support higher evaluations under applicable rating criteria.

The veteran's fall at a VA medical facility did not result from any VA treatment or examination, and therefore does not qualify for benefits under 38 U.S.C.A. § 1151.