Neck / cervical spine decisions — 2010

The Board has remanded the case for further development of service personnel and treatment records from the appellant's reserve service.

The Veteran's cervical spine disorder is being reviewed for possible secondary service connection to her already service-connected low back strain. Her claim for a higher rating on the low back disability and TDIU are also being remanded due to the need for additional medical opinions.

The Board has remanded the case for a videoconference hearing due to the appellant's request and because some issues have not yet been certified to the Board.

The Board found that the Veteran does not have a current disability related to her active duty service for asthma, cervical spine disorder, and acute bronchitis. The Board also noted that there is no evidence linking any of these conditions to service.

The Veteran's unauthorized medical expenses incurred at a private hospital on November 14, 2004 were not incurred in an emergency and therefore do not meet the criteria for payment or reimbursement.

The Board has denied all service connection claims, except for PTSD and abdominal scar. The Veteran's bilateral shin splints, left hip quad strain, GERD, stomach ulcer, residuals of a fracture of the right 5th toe, neck disability, abnormal pap test, ovarian cyst, constipation, hemorrhoids, left knee disability, and sinusitis have not been found to be related to her military service.

The Board has declined to reopen the claims for PTSD, cervical spine disability, and lumbar spine disability. The Veteran's new evidence does not raise a reasonable possibility of substantiating these claims.

The Veteran is seeking to reopen a claim for service connection for residuals of a fractured cervical spine with paralysis, which he claims was caused by or aggravated by his service-connected lumbosacral strain. The Board has determined that the underlying claim should be reconsidered in light of new and material evidence.

The Veteran's claim for a total disability rating by reason of individual unemployability (TDIU) is being remanded due to the need for additional evidence regarding her employment status and functional impairment caused by her service-connected disabilities.

The Board has determined that the Veteran does not have a current disability involving shin splints or cervical dysplasia that is related to service.

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 right shoulder disability.

The Board has determined that the Veteran's cervical spine disorder and bilateral shoulder disorder are not related to service-connected right forearm and left thumb disabilities, and therefore denied his claims for service connection.

The Board has remanded the case due to missing service treatment records and requests for additional information from various Air Force Base hospitals. The Veteran's cervical spine disability claim is pending further development.

The Board has ordered a remand for further development, including obtaining an addendum from the February 2010 VA examiner and scheduling another examination if necessary. The Veteran's cervical spine disability is being reviewed to determine if it is related to his military service.

The Veteran's claim for service connection for a cervical spine disability is being remanded due to the need for an examination and opinion regarding the relationship between his current condition and his active duty service.

The Veteran's claims for service connection for various conditions were denied. The Board found no evidence to support the Veteran's assertions of current disabilities related to his military service.

The Board found that the Veteran does not have a current disability related to a traumatic brain injury and denied service connection for TBI.

The Veteran's claims for increased ratings for cervical strain and right ankle sprain were denied because neither the Veteran nor his representative provided good cause for failing to report for scheduled VA examinations.

The Board has determined that the Veteran does not have current disabilities for the claimed conditions of residuals of a head injury, left shoulder disorder, right shoulder disorder, cervical spine disorder, and lumbar spine disorder. The disorders are currently shown as bilateral shoulder tendonitis, cervical spondylosis, and lumbar scoliosis, but these are not related to service.

The Veteran's cervical spine disability is rated at 20 percent, effective from March 12, 2002. The right knee condition claim was denied.