Neck / cervical spine decisions — 2009

The Board has determined that the Veteran's claims for service connection for back, right shoulder, and neck disorders are denied as there is no evidence of a chronic disability during or within one year after service. The VA examiner opined that any current back disorder is less likely than not related to active duty.

The Board has granted service connection for PTSD and cervical spine disability, finding that the Veteran's claims are supported by credible evidence of in-service stressors and medical nexus to service.

The Veteran seeks reimbursement for unauthorized medical expenses incurred at North Logan Mercy Hospital on October 26, 2005. The case is being remanded to determine if the treatment was an emergency requiring non-VA care due to VA facilities not feasibly available.

The veteran's service-connected disabilities do not cause loss or permanent loss of use of one or both feet, loss or permanent loss of use of one or both hands, or permanent impairment of vision of both eyes to the required specified degree. Therefore, he is not eligible for financial assistance in the purchase of an automobile or other conveyance and adaptive equipment.

The Board denied service connection for a cervical spine disability, finding that the Veteran's current cervical spine condition was not caused by his service-connected left femur fracture. The lumbar spine disability is granted as secondary to the service-connected left femur fracture.

The Veteran is seeking service connection for cervical spine and bilateral shoulder disabilities, which he believes are related to his service-connected right forearm and left thumb disabilities. The Board has determined that additional medical development is needed before the claim can be adjudicated.

The Board has determined that the Veteran's heart disability, to include hypertensive heart disease and hypertension, and degenerative arthritis of the cervical, thoracic and lumbar spine were incurred during his active service. Therefore, these conditions are granted as service connected.

The Board denied the Veteran's claims for service connection for lumbar and cervical spine disabilities, finding no evidence of such conditions in service or within one year after service. The apportionment claim was also denied as there is no indication that the Veteran is not reasonably discharging his responsibility for his minor child.

The Veteran's appeal is being remanded for additional development and consideration of the submitted evidence.

The Veteran's appeal is remanded due to insufficient evidence of his current cervical spine disability condition and the need for a new examination. The Veteran also needs to provide any outstanding VA or non-VA treatment records.

The Veteran's cervical spine disability was not incurred in or aggravated by his active service, and is unrelated to his service-connected low back disability. The Board found that the Veteran's current cervical spine problems were less likely than not caused or aggravated by his service-connected low back disability.

The Board has determined that the Veteran does not have a current disability manifested by speech and comprehension difficulties, which is related to her active duty service. The claim for cervical dysplasia will be remanded as well.

The Board has remanded the case for additional development due to insufficient examination reports and incomplete service treatment records.

The Veteran's appeal was dismissed because he did not file a timely Notice of Disagreement (NOD) with the October 2004 decision denying an increased rating for his service-connected cervical spine disorder.

The Veteran's right shoulder bursitis and degenerative joint disease are not related to his service, nor are they secondary to his service-connected left shoulder disability.,Similarly, the Veteran's chronic right trapezial strain with related cervical strain superimposed on degenerative joint disease is not related to his service, nor is it secondary to his service-connected left shoulder disability.

The Veteran's claim for service connection for a cervical spine disorder is denied as the evidence does not support a finding that any current cervical spine disorder is related to service. The Veteran's TDIU claim is granted due to his service-connected disabilities precluding him from obtaining and retaining all forms of substantially gainful employment.

The Veteran's claim for an increased rating for herniated nucleus pulposus L4-5 and service connection for a cervical spine disability was denied. The current rating of 40% for the herniated nucleus pulposus L4-5 is maintained.

The Veteran's service-connected cervical spine disability has been rated as 10 percent disabling since November 28, 2007. The claim for higher initial ratings is granted.

The Veteran is over the age of 65 and has a combined non-service-connected disability rating of 90 percent, meeting the criteria for special monthly pension based on housebound status.

The Veteran's claim for an initial disability rating in excess of 20 percent for cervical spine degenerative disc disease is being remanded due to the need to obtain Social Security Administration records and consider newly submitted evidence.