Neck / cervical spine decisions — 2008

The Board denied service connection for a lumbosacral spine disorder and bilateral leg cramps, but granted service connection for right shoulder and right knee disorders.

The veteran's claims for service connection have been dismissed due to his death.

The Board found that the veteran's cervical spine disorder was not incurred in or aggravated by service, and is not due to, the result of, or aggravated by his service-connected residuals of a gunshot wound to the left flank involving muscle group XX with retained foreign body.

The veteran's claims for increased ratings and service connection are being remanded due to the need for further examination and review of his medical records.

The veteran's claims for increased ratings on multiple conditions are being remanded due to the need for additional evidence and a VA examination.

The Board found that the veteran's cervical spine disorder pre-existed her active duty periods and was not aggravated by military service, thus denying her claim for service connection.

The Board has determined that the veteran does not have a qualifying additional disability under 38 U.S.C.A. § 1151 and there is no evidence of fault on VA's part, thus denying compensation for cervical spinal stenosis with residuals of removal of bone from the right iliac for cervical fusion.

The veteran's cervical, thoracic, and lumbar spine disabilities are currently rated at 20 percent each. The RO has denied the claims for higher ratings.

The Board has determined that the veteran's arthritis of the back, bilateral shoulder strain, and cervical spondylosis and strain were not incurred in or aggravated by service. The medical evidence does not support a finding that these conditions are related to her service-connected Crohn's Disease.

The veteran's initial ratings for service-connected residuals of stress fracture L5, cervical sprain, and left ulnar neuropathy have been granted. The rating for residuals of stress fracture L5 has been increased to 40 percent effective from September 18, 2008.

The Board has dismissed the appeal for low back pain. The veteran's claims of service connection for bilateral hearing loss, cervical degenerative joint disease with C-8 radiculopathy, dysthymia and major depression (claimed as secondary to cervical degenerative joint disease), and a compression fracture of the thoracic spine are denied.

The Board has denied service connection for back, neck, leg, and hand disorders as well as bilateral hearing loss and tinnitus. The veteran's claims are based on his assertions of in-service injuries or exposure, but the evidence does not support a finding that any current conditions are related to service.

The Board has denied the veteran's claims for service connection for various disorders, finding that there is no evidence of such conditions during his active duty or within one year post-service. The Board also found that any current disorders are not related to service.

The Board has remanded the service connection claims for cervical and lumbar spine disabilities due to additional evidence received by the Board.

The Board has denied the veteran's claims for service connection for lumbar spine disorder, herniated disc syndrome, cervical spine disorder, PTSD, and alcoholism. The evidence does not support a finding of service connection for any of these conditions.

The Board has determined that the veteran does not have current diagnoses of a neck disability, right elbow disability, left elbow disability, or right knee disability. Therefore, service connection for these disabilities is denied.

The Board has determined that the veteran's unauthorized medical expenses incurred at St. Francis Medical Center on May 15, 2005 are not eligible for reimbursement by VA due to lack of prior authorization and failure to meet eligibility criteria under 38 U.S.C.A. § 1725.

The veteran's claim for service connection for cervical radiculopathy C8 with left hand neuropathy was granted effective from May 22, 2006. The Board found that the earliest date of entitlement to this benefit is May 22, 2006.

The Board has remanded the case for further development, including a recharacterization of the veteran's service-connected disability and consideration of an extra-schedular evaluation.

The Board found that the veteran's cervical spine disorder and bilateral knee disorders are not related to her service. The lumbar spine disorder was denied, Graves disease was denied, and the claims for reopening were not addressed.