Neck / cervical spine decisions — 2008

The veteran's appeal is being remanded to obtain additional medical records and to schedule a VA examination for her service-connected lumbar and cervical spine disorders. The case will be reconsidered based on the new evidence.

The Board has remanded the case due to a need for further development, including obtaining medical records and ensuring compliance with VCAA requirements.

The Board found no current disability involving the veteran's neck and denied his claim for service connection. The right shoulder issue is remanded due to lack of post-service medical records.

The Board has determined that the veteran's cervical spine disability, including spondylosis with myelopathy and degenerative changes, is causally related to his active duty service.

The Board has granted service connection for the veteran's cervical spine disability, finding that it is as likely as not related to an in-service injury.

The Board has denied the veteran's claim for service connection for a cervical spine disorder, including as secondary to his service-connected fracture of the left radius. The appeal is remanded due to insufficient efforts in obtaining relevant service medical records and SSA disability compensation records.

The Board denied the veteran's request to reopen his claim of service connection for a cervical spine disorder, including degenerative changes. The new evidence submitted since the August 1990 rating decision did not provide sufficient material to establish that the current condition is related to military service.

The Board is remanding the case for further development and compliance with VCAA requirements, including providing a VCAA letter to ensure full compliance with VCAA notice requirements.

The Board finds that the veteran's claim for an earlier effective date for TDIU benefits cannot be granted as his informal claim was considered abandoned due to failure to provide requested evidence within one year of request. The benefit-of-the-doubt rule is not applicable.

The Board denied the veteran's claim for service connection for degenerative disc disease of the cervical spine with right upper extremity radicular symptoms, finding that it was not incurred in or aggravated by his military service and could not be linked to his service-connected low back disability.

The VA determined that the veteran's current cervical spine disorder is not related to her military service and denied her claim for service connection.

The Board denied the veteran's claim for service connection for a cervical spine disorder, finding that there was no evidence of injury to the cervical spine during service and concluding that any current condition is not related to his military service.

The Board denied service connection for a claimed back disorder and an innocently-acquired psychiatric disorder, including PTSD. The veteran's current diagnoses do not meet the criteria for direct service connection.

The veteran was granted service connection for PTSD, but denied service connection for bilateral hearing loss and multiple other disabilities due to shell fragment wounds in service. The Board found that the evidence supported a diagnosis of PTSD based on verified combat stressors, but did not find sufficient evidence to support current diagnoses or etiology for the other conditions.

The Board denied service connection for cervical disc disorder, headaches, and visual impairment. However, the veteran's bilateral trapezius myositis was granted as secondary to his service-connected lumbar spine disability.

The Board has remanded the case for additional development, including a new VA examination and proper VCAA notice.

The Board found that a chronic contusion of the medial epicondyle of the right elbow was not incurred in or aggravated by active military service and is not proximately due to a service-connected disability.,Similarly, the Board determined that a cervical spine disorder was not incurred in or aggravated by active military service and is not proximately due to a service-connected disability.

The veteran's claim for specially adapted housing or a special home adaptation grant was denied as he does not meet the criteria for this benefit due to his service-connected disabilities.

The veteran's service-connected disabilities do not meet the criteria for special monthly compensation based on need for aid and attendance or housebound status.

The veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Chenango Memorial Hospital in August 2005 was denied as the treatment did not meet the criteria for emergency care and no VA facility was feasibly available.