Neck / cervical spine decisions — 2007

Service connection granted for upper back pain, low back pain, and painful hands due to an undiagnosed illness.,Service connection denied for residuals of a left foot sprain, right foot strain, fallen arches, and torticollis with cervical-dorsal myositis.

The VA determined that the veteran's service-connected cervical spine disability, characterized by pain and limited motion, does not warrant an evaluation in excess of 20 percent.

The veteran's appeal is being remanded to obtain additional medical records and for VA examinations to assess the current severity of his cervical spine and right ankle disabilities.

The Board has determined that the veteran's cervical spine degenerative disc disease does not meet or approximate the criteria for a higher initial evaluation, and thus denied his claim.

The veteran's adjustment disorder with depressed and anxious mood is found to be secondary to his service-connected cervical spine disability. The RO has granted a 20 percent rating for the cervical spine since April 30, 2005, effective from March 29, 2003. A separate 10 percent rating is assigned for each upper extremity radiculopathy associated with service-connected cervical and lumbar spine disabilities.

The veteran's appeal is being remanded for further action, including scheduling a videoconference hearing and clarifying his representation.

The Board has determined that the veteran does not have a current disability of the left hand. The only evidence showing any issue with his left hand is subjective reports of pain, which do not constitute a disability for service connection purposes.,The VA examiner found no evidence to suggest that the veteran's cervical spine and right shoulder conditions had their onset during service. Instead, they were attributed to post-service work-related activities.

The Board denied the veteran's claims for service connection for hepatitis C and an increased rating for traumatic arthritis of the cervical spine. The veteran's claim for hepatitis C was reopened based on new evidence, but he did not have active hepatitis C at the time of his VA examination in June 2001. For the cervical spine disability, the Board found that there is no evidence of unfavorable ankylosis or severe recurrent attacks of intervertebral disc syndrome.

The veteran's claims for increased evaluations have been remanded to the RO for a hearing and further review. The case will be returned to the Board after this is completed.

The Board denied reopening the veteran's claim for service connection due to lack of new and material evidence, as the submitted medical records did not provide a nexus between his cervical spine condition and service.

The Board finds no evidence of a chronic low back disability or degenerative disc disease of the cervical spine in service, and there is insufficient medical evidence to support a finding that these conditions are related to service.,There is also insufficient medical evidence to support a finding that the veteran's neurogenic bladder condition is related to service.

The Board has determined that the veteran's cervical spine disorder is related to his military service and has granted service connection. The veteran's lumbosacral strain, which was already service-connected, has been rated at its maximum allowable under the old rating criteria.

The Board denied the veteran's claims of service connection for a neck or cervical spine disability and an increased rating for TMJ disability. The evidence did not establish a nexus between any current disabilities and service, including a claimed in-service injury.

The Board has determined that the veteran's claimed cervical spine disorder and cholecystitis are not service-connected, as they were not shown in service or for years thereafter, and there is no evidence of a nexus to his active service. The veteran's lumbar spine disability is rated based on its severity.

The Board has determined that the veteran's service-connected cervical spine and lumbosacral strain disabilities do not warrant a disability rating in excess of 20 percent.

The veteran seeks service connection for a cervical spine injury and associated upper extremity weakness. The case is being remanded to obtain additional medical records and conduct an orthopedic examination to determine the etiology of his current cervical spine disability.

The Board has determined that the veteran's cervical spine disability warrants a rating of 60 percent, but no higher. The hypertension issue is also addressed and a 60 percent evaluation is granted.

The Board found no evidence of a chronic spine condition in service and insufficient medical evidence to link current spinal disabilities to military service.

The Board found that the veteran's unauthorized medical expenses incurred at Claxton Hepburn Medical Center on March 17, 2004 were not reimbursable because a VA facility was feasibly available to provide treatment for his low back disorder.

The Board has remanded the case for additional development, including obtaining missing medical records and scheduling a VA examination to determine if the veteran's cervical spondylosis is related to service or within one year of discharge.