Neck / cervical spine decisions — 2012

The Veteran's claims for service connection for right shoulder and cervical spine disabilities are being remanded due to the need for additional development, including obtaining relevant service treatment records and medical documentation.

The appellant's unauthorized medical expenses incurred on February 15, 2009, at the emergency room of Tulane University Hospital and Clinic were covered due to the presence of a serious threat to his health from a service-connected condition.

The Veteran's cervical degenerative disc disease with radiculopathy is service-connected. The Board also finds new and material evidence to reopen the claim for a left lung disability (chronically elevated or paralyzed left hemidiaphragm).

The Veteran's appeal was denied for initial ratings in excess of 10 percent for thoracolumbar spine degenerative disc disease and cervical spine degenerative disc disease. Service connection for a right hip disorder was granted, but the Veteran disagrees with the assigned initial disability ratings.

The Board has remanded the case due to new evidence received since the November 2008 supplemental statement of the case and requests for a hearing.

The Board has determined that the Veteran's tinnitus is related to his military service, and thus grants service connection for this condition.,New evidence submitted by the Veteran has been found sufficient to reopen his claim of service connection for a cervical spine disability. The claim will be reconsidered.

The Veteran's sleep apnea, left knee disorder and cervical spine disorder are all found to be related to his active duty service.,Service connection is granted for these conditions.

The Veteran's appeal is remanded to the RO for further adjudication, including service connection for fibromyalgia and a VA compensation examination to distinguish symptoms of myofascial pain syndrome, fibromyalgia, and thoracolumbar discogenic disease.

The Board denied service connection for a cervical spine disability, finding no link between the Veteran's current condition and his active duty. The issue of an initial higher rating for residuals of a stab wound of the back is pending.

The Veteran's claims for increased ratings for status-post fusion of C5-C6 and bilateral upper extremity radiculopathy are being remanded to the RO/AMC for consideration on an extraschedular basis.

The Veteran's cervical spine disability was granted service connection based on direct evidence.

The Board denied the Veteran's claims for service connection for various conditions, including a cervical spine disorder, left and right shoulder disorders, a left knee disorder, a right wrist disorder, a left wrist disorder, tinnitus, and a sinus disorder. The appeal was based on new evidence submitted after her initial claim.

The Board has determined that the reduction of the Veteran's disability ratings for cervical spine strain and chronic thoracolumbar spine strain from 30% to 10%, effective May 1, 2009, was not proper.

The Veteran's left arm pain and numbness are associated with his service-connected cervical spine disability, but not a separate disability. The Board finds that the Veteran does not have a separate disability of the left upper extremity.

The Board has determined that the Veteran's current cervical spine disability is not related to his active duty service and does not result from or be aggravated by any service-connected disabilities. As a result, the claim for service connection is denied.

The Veteran does not have a currently diagnosed thoracolumbar spine disorder or cervical spine disorder that is the result of disease or injury incurred in or aggravated by active military service.

The Board has determined that the Veteran's bilateral knee disorder, lumbar spine disorder, cervical spine disorder, and chronic headaches are not related to service or any service-connected condition.

The Veteran's appeal is being remanded for scheduling a new Board hearing before a Veterans Law Judge at the RO by videoconference.

The Veteran's appeal for service connection on the merits of his claims has been withdrawn. The Board is dismissing these issues as they are no longer in contention.

The Board has determined that the Veteran does not have a diagnosed bilateral hearing loss disability, and his claims for TBI, cervical spine fracture, thoracic spine fracture, and left levator scapula syndrome are denied as they do not meet the criteria for service connection.