Neck / cervical spine decisions — 2005

The Board denied increased evaluations for residuals of a cervical spine sprain and laceration of the right wrist and third fingers, as well as service connection for residuals of a fracture to the cervical spine. The veteran's claims were based on direct evidence from his military service.

The veteran's claim for reimbursement of unauthorized medical expenses for dental treatment and surgeries at the UAB School of Dentistry between August 2001 and May 2002 is denied because the care was not rendered in a medical emergency that would have been hazardous to his life or health.

The Board denied the veteran's claim for an effective date prior to November 28, 1997, for a total rating due to unemployability caused by service-connected disabilities. The evidence did not show that under VA standards, the veteran became unemployable during the year prior to his application.

The veteran's service-connected disabilities do not render him unable to secure or maintain gainful employment due to his cervical spine and diplopia.

The Board has denied all service connection claims as there is no evidence of current disabilities related to active duty.

The Board found that the veteran's current cervical spine conditions were not incurred in or aggravated by service and denied his claim.

The Board has remanded the case for obtaining additional medical records and reviewing the claim for service connection for degenerative disc disease of the cervical spine.

The veteran's claim for increased ratings and an earlier effective date for his cervical strain with degenerative joint disease is being remanded to allow for additional development of the record.

The Board has denied the veteran's claims for service connection for sterility, prostate cancer, a cervical spine disability, a left hip disability, and a left ankle disability. The claim for service connection for PTSD is also denied. Additionally, the RO found that new and material evidence had not been received to reopen claims for service connection for kidney stones and a low back disorder.

The Board denied service connection for residuals of a crushed coccyx injury and a cervical spine disability, claiming it as a compression fracture. The evidence did not show the existence of these disabilities.

The Board has determined that the veteran's cervical spine disability, characterized by intervertebral disc syndrome with persistent symptoms and little intermittent relief, warrants a 60 percent evaluation.

The Board has denied the veteran's claims for service connection for a cervical spine disability and a left hip disability, finding that there is no medical evidence linking these conditions to his military service.

The Board denied the veteran's claims for increased evaluations for right cervical myofascitis with rhomboid muscle strain, bilateral defective hearing, sinusitis, and residuals of right fibula strain. The conditions were found to not meet the criteria for higher ratings under applicable diagnostic codes.

The Board denied service connection for chronic back and leg disorders, finding that the veteran's current conditions did not begin in service or were not aggravated by service.

The Board found no persuasive medical evidence linking the veteran's current cervical spine condition to his military service, including a motor vehicle accident while in active duty. The claim for service connection was denied.

The Board has determined that the veteran's service-connected disabilities have not met or exceeded the criteria for higher ratings under the applicable rating schedule.

The veteran's service-connected disabilities did not render him unemployable prior to December 31, 2001. His effective date for the TDIU is therefore set at that date.

The veteran seeks an earlier effective date for the grant of service connection for PTSD and a higher initial disability evaluation for his cervical spine condition. The Board finds that neither claim is warranted based on the evidence presented.

The veteran's claims for compensation under the provisions of 38 U.S.C.A. § 1151 were denied as his injuries did not stem from or result from his VA hospitalization.

The Board found that the veteran's cervical spine disability, currently evaluated as 40 percent disabling for degenerative disc disease, does not warrant a higher rating due to lack of evidence showing more severe impairment.