Neck / cervical spine decisions — 2008

The Board found that the veteran's cervical spine disability was not incurred in or aggravated by his active service and is not proximately due to or the result of his service-connected residuals of a right chest wall gunshot wound.

The Board granted an initial disability rating of 20 percent for cervical strain with degenerative joint disease effective from November 7, 2007. The veteran's thoracic strain was not addressed in this decision.

The veteran's claimed muscle spasms and swollen joints are not service-connected as they are attributed to diagnosed conditions, and the medical evidence does not support a finding of a relationship between these symptoms and his military service.

The Board has determined that the veteran does not have a disability of the cervical spine, bilateral shoulders, bilateral hips, right ankle, low back, or bilateral knees due to service. The claim for PTSD was also denied as there is no evidence linking it to service.

The Board has determined that further development is required for the veteran's claims, including additional examinations and obtaining relevant medical records. The case will be remanded to the RO for these actions.

The Board found that the veteran's cervical spine, left elbow, and right elbow disabilities were not incurred in or aggravated by active service, and are not proximately due to, or chronically aggravated by, his service-connected lumbar spine disability. The claims for these conditions have been denied.

The veteran's claim for payment or reimbursement of emergent medical expenses at a non-VA facility is denied as he did not meet the eligibility criteria under VA regulations.

The veteran's appeal is to be remanded for the VA Regional Office (RO) to obtain Social Security Administration (SSA) records and consider them in connection with his claim of entitlement to an increased disability rating for a service-connected cervical spine disorder.

The veteran's appeal involves multiple issues related to his spine and skin conditions, including seeking service connection for periodontal disease and increased disability ratings for cervical and lumbar spine disorders. The case is being remanded for further development.

The VA determined that the veteran's herniated disc of the cervical spine does not warrant a compensable rating.

The Board has denied the veteran's claim for service connection for degenerative disc disease of the cervical spine, finding that there is no evidence to support a link between his current disability and events in service.

The veteran's appeal is being remanded for additional development, including providing notice regarding the specific criteria necessary to establish a higher disability rating for his cervical spine DDD.

The Board has determined that the veteran's lumbago with degenerative disc disease and decreased range of motion of the cervical spine do not warrant a rating in excess of 40 percent.

The Board is remanding the case for further development, including notifying the veteran of the new and material evidence standard in effect prior to August 29, 2001, and a VA examination to determine the etiology of the veteran's neurological disability of the left hand. The cervical spine claim will be reviewed under this new standard.

The veteran's appeal of the claim for service connection for fibrocystic breast disease has been withdrawn.,The veteran's TMJ dysfunction is currently rated at 20 percent, and a higher evaluation is not warranted under the applicable rating criteria.,The veteran's degenerative disc disease of the cervical spine is currently rated at 10 percent, and a higher evaluation is not warranted under the applicable rating criteria.,The veteran's right upper quadrant cholecystectomy and appendectomy scar is currently rated as noncompensably disabling, and a compensable evaluation is not warranted under the applicable rating criteria.,Based on her service-connected disabilities, including depression, obstructive sleep apnea, irritable bowel syndrome, duodenal ulcer disease, gastroesophageal reflux disease, TMJ dysfunction, cervical strain, scar excision for Morton's neuroma of the right foot, and left arm ulnar neuropathy associated with cervical sprain, the veteran is granted a total disability rating based on individual unemployability.

The veteran's claims for increased ratings were denied. The RO granted service connection for DDD of the lumbar spine and assigned a 10 percent initial rating, effective October 1, 2002.

The veteran's hypertension was not incurred during active service and there is no competent medical evidence linking it to service.,Bilateral peripheral neuropathy has not been diagnosed, and the earliest evidence of a diagnosis is several years after separation from service.,Spermatocele was first clinically confirmed during a period of IDT following a motor vehicle accident. Service connection is granted based on this history.,PTSD does not meet criteria for total occupational and social impairment.,Cervical contusion and sprain have been manifested by moderate limitation of motion with no incapacitating episodes requiring bed rest.,Lumbar spine contusion and strain with radiculopathy were manifested by characteristic pain on motion with slight to severe limitations in motion, but without incapacitating episodes requiring bed rest prior or since February 24, 2006.

The veteran's claims for increased ratings for cervical spine degenerative arthritis, thoracolumbar spine degenerative arthritis, chondromalacia of the right knee, and chondromalacia of the left knee were denied as his conditions did not meet the criteria for a higher evaluation under the applicable rating schedule.

The veteran's appeal has been withdrawn, and the claims have been dismissed.

The Board finds no entitlement to benefits under the provisions of 38 U.S.C.A. § 1151 due to a delay in treatment and improper surgical procedure, as both are considered appropriate medical care.