Neck / cervical spine decisions — 2012

The Board has granted service connection for a cervical spine disability, lumbar spine disability, bilateral lower extremity numbness and pain, degenerative arthritis of the left hip, right hip, left knee, and right knee. The Veteran's TDIU claim is also granted.

The Veteran's upper back/cervical condition is granted service connection, and the remaining issues on appeal are dismissed due to withdrawal.

The Board has determined that the Veteran's service-connected left knee and cervical spine disabilities are granted. The issue of a higher initial rating for low back disability is remanded due to evidence suggesting an increase in severity since the last examination.

The Veteran's claim for a higher level of special monthly compensation based on the need for aid and attendance is being remanded due to the need for additional examination and opinion from a VA physician.

The Board found that the Veteran's cervical carcinoma in situ is not due to disease or injury incurred during service, and denied her claim for service connection.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims, including obtaining medical records and scheduling examinations.

The Board has remanded the claims of increase for PTSD and service connection for a cervical spine disability due to new evidence submitted by the Veteran's attorney in November 2011, including VA records since May 2007.

The Board found that the Veteran's thoracic and lumbar spine disorders, as well as his cervical spine disorder, were not incurred in or aggravated by service and are not caused or aggravated by a service-connected disability.

The Board denied service connection for cervical spine disability, neurological disability of the right arm, and right shoulder disability. The evidence did not relate to an unestablished fact necessary to substantiate these claims.

The Board found no competent and credible evidence indicating the Veteran's current neck condition is related to his military service, including his service-connected low back disability. Therefore, the claim for service connection was denied.

The Veteran withdrew his appeal regarding the issues of service connection for a respiratory disability due to asbestos exposure, increased evaluations for cervical spine degenerative joint disease and spondylosis, and temporomandibular joint disorder. The claim for an initial evaluation in excess of 10 percent for lumbar spine degenerative disc and joint disease remains.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at a private medical facility on September 2, 2009 is being remanded due to discrepancies in the record regarding when the injury occurred and whether a VA facility was feasibly available.

The Board has reopened the Veteran's claims for service connection for degenerative joint disease of multiple joints, back disability, and PTSD. However, it remains unclear whether these conditions are related to service due to lack of supporting evidence in the record.

The Board has remanded the case due to new evidence submitted by the Veteran and procedural issues, requiring further review of his claims for service connection for lumbar spine and cervical spine disabilities.

The Board found that the Veteran's neck disability was not incurred or aggravated by her active duty military service and denied her claim for service connection.

The Veteran's cervical spine disability was granted a 20% rating effective October 27, 2009. The sinusitis claim remains unresolved.

The Veteran's claims for increased ratings for osteoarthritis of the cervical spine and right thoracic outlet syndrome were denied as his conditions did not meet the criteria for higher ratings under applicable diagnostic codes.

The Veteran seeks to reopen his claim of service connection for a cervical spine disability, which was previously denied in December 1985. The Board is remanding the case due to inadequate VCAA notice and will provide proper notification before deciding the appeal.

The Board has remanded the case for additional development, including obtaining SSA records and VA treatment records, scheduling examinations to assess the Veteran's spine conditions, PTSD, and right ankle disability, and issuing an SOC regarding premature ventricular contractions with bradycardia.

The Board finds that the Veteran's claims for earlier effective dates were granted, with the effective date set at April 18, 2006.