Neck / cervical spine decisions — 2011

The Veteran's service connection claims for a left hand disability (likely symptoms of cervical spine disability) and a left shoulder strain with traumatic arthritis have been granted. The initial rating for the left shoulder strain has also been granted.

The Board has determined that additional development is needed to determine the relationship of any current back and neck disabilities to service, including a review of VA treatment records from 1974 and private hospitalization records from February 1973. The Veteran's reports of injuries in service are considered.

The Board has denied the Veteran's claims for service connection for disorders of the thoracic spine and cervical spine, finding no evidence that these conditions are related to his service-connected lumbar spine disability.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the severity of her cervical spine disability and whether it prevents her from obtaining or maintaining gainful employment.

The Board has found that the Veteran's service records indicate combat exposure, and his lay statements regarding parachute jumps and helicopter crashes during service are consistent with this. The VA medical opinions were deemed inadequate due to a lack of consideration of the Veteran's contentions. Therefore, another examination by an orthopedist is needed.

The Veteran's appeal is being remanded to the RO for additional efforts to locate his service treatment records and personnel records, including those from McGuire Air Force Base, Clark Air Force Base in the Philippines, Osan Air Force Base in Korea, and Bolling Air Force Base. The Veteran will be scheduled for appropriate VA examinations if new records confirm any of his alleged injuries or illnesses.

The Board found that the Veteran's cervical spine pain, nerve damage, and degenerative arthritis were not caused by VA carelessness, negligence, or similar fault. The preponderance of evidence showed no additional disability resulting from the October 2006 surgery.

The Veteran's appeal is being remanded for additional development, including a VA examination to determine the nature and severity of his service-connected degenerative joint disease of multiple joints (including cervical and thoracolumbar spines) and eczema. The case will be readjudicated after these actions.

The Board has reopened the claims of service connection for left shoulder, right shoulder, cervical spine, and low back disabilities. The Veteran's current conditions are related to a car accident during military service.,The Board has not reopened the claims of service connection for left knee disability and Crohn's disease. The evidence submitted does not relate these conditions to service.

The Board has granted service connection for a back disability, bilateral hip disability, and chronic headaches based on the medical evidence that these conditions are related to injuries sustained in service.

The Board found no evidence of additional disability resulting from VA care, and thus denied the claim under 38 U.S.C.A. § 1151.

The Veteran's initial and increased evaluations for his service-connected cervical spine and lumbosacral strain disabilities are denied as the evidence does not meet the criteria for higher ratings under the applicable rating schedule.

The Veteran's claims for increased disability evaluations and service connection are being remanded due to the need for further development of evidence regarding his right toe disability. The other issues remain unresolved.

The Board found that the Veteran's cervical spine disability was not incurred in or aggravated by service and denied his claim for service connection.

The Board finds that there is no credible evidence linking the Veteran's current cervical spine and low back disabilities to her military service. The claims are therefore denied.

The Veteran's appeal is being remanded due to the need for additional VA examinations to assess the severity of his service-connected cervical strain, bilateral hand rash, and bilateral foot disabilities.

The Veteran's unauthorized private medical expenses incurred during his rehabilitation care from May 28, 2009, to June 9, 2009, are not eligible for payment or reimbursement because the treatment was not related to a service-connected disability and did not constitute an emergency requiring immediate attention.

The Board denied claims for service connection for paranoid personality disorder and spina bifida of the cervical spine, claimed as a spinal cord injury in November 1962. The Veteran's new and material evidence did not relate to an unestablished fact necessary to substantiate these claims.

The Board has reopened the claims of service connection for chest pain (excluding CAD), epididymitis, and epididymal/scrotal cyst. The issues of service connection for hypertension, depression, coronary artery disease, gastrointestinal disability, and back disability are being decided on their merits.

The Board has remanded the Veteran's claims for additional development due to incomplete VA medical opinions and referral of the issue of an extraschedular rating for bilateral claw feet with tarsal tunnel syndrome to the Under Secretary for Benefits or Director of Compensation and Pension Service. The Veteran is also required to undergo further examination regarding his cervical spine disorder and bilateral shoulder disorder as secondary to service-connected lumbar degenerative disc disease and/or claw feet.