Neck / cervical spine decisions — 2010

The Board found that the Veteran's current diagnosed cervical spine disability did not manifest during active service or to a compensable degree within the first post-service year, and is not otherwise related to an event in service.

The Board has granted service connection for a cervical spine disorder, a lumbar spine disorder, and hemorrhoids due to continuity of symptomatology since the Veteran's service.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at United Medical Center from June 5, 2006, to June 7, 2006 is denied as the Veteran had other health care coverage under a health plan that would pay in whole or in part.

The Board has granted service connection for cervical spine degenerative changes and a higher rating of 50% for obstructive sleep apnea associated with myasthenia gravis. The Veteran's other conditions, including his cervical spine disability, are considered part of the overall picture of his service-connected disabilities.

The Board has determined that the Veteran's cervical spine disorder is related to his period of active service, and thus grants service connection for this condition.

The Veteran's appeal has been withdrawn by the appellant through his authorized representative.

The Board has determined that the Veteran's claim to reopen a previously denied claim for service connection for joint pains due to an undiagnosed illness is not supported by new and material evidence. The case is being remanded for further development regarding his claim for service connection for cervical spondylosis.

The Veteran's claim for increased ratings for her service-connected cervical spine disability was denied. The rating period from August 31, 2004 through November 7, 2005 resulted in a 20 percent rating, and the rating period from February 1, 2006 did not meet the criteria for an increased rating.

The Board has granted service connection for various disabilities, including degenerative disc disease of the lumbar spine, left and right knee disabilities, cervical spine disability, neurological disabilities in both upper extremities, and a psychiatric condition. The Veteran's current conditions are considered to be related to his military service.

The Board has remanded the Veteran's claims for additional development due to missing medical records and a need for an updated VA examination.

The Board has remanded the Veteran's claims for service connection due to additional development being necessary.

The Board has granted service connection for the Veteran's cervical spine disorder, finding that it is at least as likely as not related to his military service.

The Board found that the Veteran's neck disability existed prior to service and was not aggravated by active military service. The residuals of a closed head injury were not incurred in or aggravated by active military service.

The Board denied the appellant's claims for service connection for bilateral hearing loss, an initial evaluation in excess of 30 percent for his psychiatric disability, and evaluations in excess of 20 percent for his cervical spine and lumbar spine disabilities. The right knee arthritis and right knee instability disabilities were also denied. No new evidence was presented to reopen the previously denied claims.

The Veteran's service connection for bilateral hearing loss is granted, and the Board finds that by extending the benefit of the doubt to the Veteran, his current right hip disorder, left hip disorder, and cervical spine disorder are as likely as not related to active service.

The Board has remanded the case for further development and consideration of the Veteran's claims.

The Veteran's service-connected cervical spine disability is currently rated at 10 percent, and the Board found no evidence to warrant an increase in this rating.

The Board finds that the evidence is at least in equipoise as to whether the Veteran's left sided numbness and cervical spine degenerative disc disease are related to service, warranting service connection for both conditions.

The Board has remanded the case for additional development to obtain missing service and VA treatment records.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining Social Security Administration and U.S. Postal Service records, as well as VA treatment records.