Neck / cervical spine decisions — 2009

The Veteran's claims for service connection for chronic pain syndrome, diabetes mellitus type II, and a cervical spine disability were denied. The Veteran was granted service connection for diabetes mellitus type II based on its presumptive relationship to in-service gestational diabetes. Service connection was also established for the cervical spine disability.

The Veteran's claims for higher initial ratings and a TDIU are being remanded due to the need for new VA examinations, as well as obtaining additional medical records.

The Veteran's degenerative changes of the cervical spine with osteophytes are granted service connection. However, his dysphagia is not related to his active duty service and thus denied.

The Veteran's claim for payment of unauthorized medical expenses provided at Legacy Emanuel Hospital from July 31, 2006 to August 11, 2006 is granted in part. The remaining question regarding enrollment in the VA health care system and receipt of services under Chapter 17 within the 24-month period preceding treatment remains unresolved.

The Board denied the claim for an effective date earlier than September 27, 2004 for the awards of service connection for chronic sciatica with L2-L3 radiculopathy and cervical degenerative arthritis.

The Board has determined that new and material evidence has been submitted to reopen the Veteran's claim of entitlement to service connection for a low back disability. The Veteran's cervical spine disability is currently rated as 10 percent disabling.

The Veteran's service-connected disabilities alone cause him to be unable to dress himself, attend to the wants of nature, ambulate outside the home, or protect himself from dangers in his environment and therefore make him so helpless as to need regular aid and attendance.

The Veteran's appeal is being remanded for additional development to ensure all relevant evidence has been obtained and considered, including SSA disability records and updated VA treatment records. The TDIU claim will be adjudicated in the first instance.

The Veteran's claim for an increased rating for allergic rhinitis was denied. The issue of a rating in excess of 30 percent for degenerative disc disease of the cervical spine is referred back to the RO for further action.

The Veteran's claim for a higher disability rating and TDIU was granted, but the attorney is not eligible for payment of fees as it pertains to issues that were not decided by an appellate decision.

The Veteran's bilateral upper extremity cervical radiculopathy and sinusitis have been evaluated as 10 percent disabling, with no higher ratings granted. The Veteran's right and left upper extremities were found to be mild in severity throughout the relevant periods.

The Board found that the Veteran's cervical spine disability did not have its onset during service and is not related to an in-service injury, thus denying his claim for service connection.

The Veteran's appeal is being remanded for additional development, including obtaining a medical opinion regarding the etiology of his claimed disabilities and considering new evidence.

The Board finds that the Veteran's current disabilities of both shoulders, lumbar spine, cervical spine, and COPD were not incurred in or otherwise the result of his active military service.

The Board has remanded the case for further development, including obtaining personnel records and scheduling VA examinations to determine the etiology of the Veteran's disabilities. The claims will be reconsidered based on the additional evidence.

The Board has determined that the Veteran does not have a current disability for which service connection can be granted, specifically bilateral hearing loss, cervical spine disability, left ankle disability, tinnitus, or right and left knee patellofemoral syndrome. Therefore, these claims are denied.

The Veteran does not have any of the claimed conditions attributable to his period of military service.

The Veteran's appeal is denied as his service-connected conditions are not rated higher than the current evaluations.

The Veteran's cervical spine disorder was initially evaluated as 10 percent disabling prior to December 12, 2002 and has been granted a 20 percent evaluation effective from December 12, 2002.

The Veteran's appeal is being remanded for further development, including scheduling a hearing and issuing a statement of the case regarding his GERD claim. His claims for service connection for impotence and cervical spine stenosis are also being remanded.