Neck / cervical spine decisions — 2011

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Rockingham Memorial Hospital on July 9, 2009 is granted as the treatment was for a condition that would have been considered an emergency by a prudent layperson.

The Board has determined that the Veteran's cervical and lumbar spine disabilities are related to his active service, while varicose veins of the left leg were likely caused by or a result of military service.,Service connection is granted for cervical spine disability, lumbar spine disability, and varicose veins of the left leg.

The Veteran's service-connected degenerative disc disease of the cervical and lumbar spine has been rated at 10 percent since December 18, 2009. The initial ratings for both conditions have not exceeded this level.

The Board has determined that the Veteran's cervical spine disability is etiologically related to a fall he sustained during active service, and therefore grants his claim for service connection.

The Veteran's right ulnar nerve disorder is not considered to be caused by VA carelessness, negligence, or lack of proper skill. The Board finds that the preponderance of evidence does not support a finding of additional disability.

The Veteran's appeal is remanded for further development and adjudication, including obtaining updated medical evaluations and opinions regarding his ability to engage in the profession of massage therapy.

The Board denied the Veteran's claims for increased ratings for his lumbosacral strain and cervical spine conditions, finding that the evidence did not support a higher rating under the applicable VA rating criteria.

The Veteran's cervical spine disability is being remanded for further development, including a VA examination to determine its etiology and whether it was incurred or aggravated during service.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling examinations to assess the severity of his service-connected disabilities.

The Veteran's low back pain with spondylosis of L5-S1 and cervical spine degenerative changes have not been shown to warrant a higher evaluation.

The Board found that the Veteran's lay statements during the course of this claim were not credible, as they were inconsistent with the in-service evidence and the evidence proximate to service. The preponderance of the evidence is against the Veteran's claim that he incurred a current cervical spine disorder as a result of an incident in service prior to his discharge.

The Board denied the Veteran's claims for service connection for bilateral hearing loss, an acquired psychiatric disorder (PTSD), a dental condition, and a bilateral eye disorder. The remaining claims were also denied.

The Board has remanded the case for further development, including obtaining an addendum opinion from a VA examiner regarding whether any current cervical spine disability is at least as likely as not related to the Veteran's service.

The Veteran's claim for increased disability ratings for her service-connected lumbosacral strain, left lower extremity radiculopathy, and cervical spine disc disease is denied due to the proper recoupment of separation pay from VA compensation benefits.

The Veteran's current cervical spondylosis, degenerative disc disease of the cervical spine, and right upper extremity radiculopathy were diagnosed in service. The Board finds that entitlement to service connection for a cervical spine disorder is granted.

The Veteran's claim for service connection for left upper extremity radiculopathy is granted as it is secondary to his service-connected cervical disc disease. The Board also remanded the issues of increased rating for cervical disc disease with headaches and service connection for bilateral radiculopathy of the lower extremities.

The Veteran's PTSD is currently rated at 30 percent, and the issues of entitlement to a higher rating for PTSD and service connection for cervical spine disorder have been granted.,Service connection has been established for the Veteran's cervical spine disorder, diagnosed as degenerative arthritis.

The Board found no evidence of a cervical spine disorder or lumbar spine disorder in service, and the Veteran's current conditions are not shown to be related to his military service. The claim for service connection is denied.

The Board has denied the Veteran's claims for service connection for bilateral shoulder disability, neck disability, and radiculopathy of bilateral upper and lower extremities as secondary to his low back disability. The evidence does not support a finding that these conditions are related to his service-connected low back disability.

The Board has remanded the case due to the need for additional development, including obtaining service personnel and treatment records. The Veteran's claim for service connection for a cervical spine disorder remains pending.