Neck / cervical spine decisions — 2011

The Veteran's cervical spine scar does not meet the criteria for a compensable rating, and his lumbar spine conditions do not warrant an increased disability rating.

The Board has determined that the Veteran's cervical spine disability was not incurred in or aggravated by active service, and there is no competent medical evidence linking it to service. The lumbar spine disability claim will be remanded for further development.

The Veteran's medical expenses at the University of Michigan Hospital were not authorized for payment or reimbursement because VA facilities were feasibly available and he did not attempt to use them beforehand.

The VA determined that there is no evidence linking the Veteran's cervical spine disability to his military service, including an accident in 1980. The Board found insufficient medical evidence to support a claim of service connection.

The Veteran's service-connected cervical spine disability has been shown to be manifested by moderate limitation of motion, with flexion to 45 degrees and no ankylosis. The criteria for a higher rating have not been met.

The Board denied service connection for a claimed back disorder and bilateral hip disorder, finding no evidence of current disabilities or causation by service or service-connected conditions.

The Veteran's chronic cervical musculotendinous strain is manifested by severe limitation of motion and ankylosis in a favorable position without one or more of the specified complications. The disability does not meet the criteria for a higher rating.

The Veteran's claim for service connection for degenerative joint disease with osteophytes is dismissed because he is already compensated for the symptoms and manifestations of his current cervical spine disorder. Therefore, a separate award for this condition would be duplicative.

The case is being remanded for additional development to address the Veteran's claims, including obtaining his service personnel record and scheduling a VA examination.

The Veteran's degenerative disc disease of the cervical spine is not service-connected as it was not incurred or aggravated during her active duty service. The Board finds that the condition is more likely related to a motor vehicle accident in 1996, which occurred after she left military service.

The Board has remanded the case for completion of several directives, including determining the Veteran's current address and clarifying his representation preferences. The case is now pending further action.

The Board has granted a 30 percent rating for the Veteran's cervical strain since September 18, 2009. The condition is currently rated under the General Rating Formula for Diseases and Injuries of the Spine.

The Veteran's appeal is being remanded for further development, including additional examinations and consideration of the claims in light of new evidence.

The Board has remanded the case due to insufficient medical opinions regarding the relationship between the Veteran's current cervical and lumbar spine disabilities and his military service.

The Veteran's claims for service connection were denied. The Board found that the evidence did not raise a reasonable possibility of substantiating the claim, and that there was no current diagnosis of PTSD or chloracne.

The Veteran's skin disease, including psoriasis and a benign tumor or tumors, was not found to be related to service-connected right below-the-knee amputation. Diabetes mellitus, hypertension, vascular disease (exclusive of peripheral vascular disease of the right lower extremity), arthritis of the cervical and lumbar spine, and kidney failure were all determined to be unrelated to military service or service-connected conditions.

The Board has determined that the Veteran does not have a cervical spine disability as the result of disease or injury that occurred during his active military service.

The Veteran's disability compensation benefits were reduced due to incarceration for a felony, and the Board found this reduction proper. The issues of service connection for psychiatric disorder, cervical spine disorder, and left foot disorder are addressed below.

The Veteran's disability rating for cervical spine disability was restored from 10% to 20%, effective April 1, 2009.

The Veteran's claims for increased disability ratings for her low back strain, cervical spine strain, right ankle strain, and left ankle strain were denied. The current disability ratings of 20 percent for the low back strain and 10 percent each for the cervical spine, right ankle, and left ankle strains are maintained.