Neck / cervical spine decisions — 2013

The Veteran's PTSD was rated at 30 percent prior to March 22, 2010. The appeal for increased ratings for other conditions is denied.

The Board granted service connection for a cervical spine disability and denied service connection for a muscle disability, claiming as myalgia and myositis. The Veteran's TDIU claim was also granted.

The Veteran seeks service connection for a disability of the cervical spine, which he claims is related to his service-connected thoracolumbar spine. The Board has remanded this issue due to insufficient evidence.

The Veteran's claims for increased ratings were denied. The Board found that the evidence did not meet the criteria for a higher rating in any of his service-connected conditions.

The Board denied the Veteran's claims for service connection for bilateral ankle disability, cervical spine disabilities (both periods), and left shoulder disability. The evidence did not establish a chronic or new condition during active duty.

The Board found that the Veteran's cervical discectomy with radiculopathy of the upper right extremity was not incurred in or aggravated by service, and denied his claim.

The Board has remanded the Veteran's claims for service connection due to incomplete development and lost records. The case is returned to the RO for further action.

The Veteran's cervical spine disability (DDD and DJD) is currently rated at 10 percent, effective October 1, 2000. The Board finds that the current rating does not meet the criteria for a higher evaluation.

The Board has determined that new and material evidence has been received to reopen the claims for service connection for left hip disability, right hip disability, right knee disability, and cervical spine (neck) disability. The Veteran's disabilities are being considered as secondary to his service-connected foot disability.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling the Veteran for examinations to determine the severity of his service-connected left knee disability, as well as whether any diagnosed cervical spine, lumbar spine, or right knee disabilities are related to his service-connected left knee disability. The issue of entitlement to a total disability rating based on individual unemployability (TDIU) is also being remanded.

The Veteran's claims of service connection for bilateral hearing loss, tinnitus, a neck disability, and a psychiatric disorder are being remanded due to the need for additional examinations to determine their etiology.

The Board has determined that the Veteran's cervical spine disorder and right shoulder radiculitis are service-connected, with reasonable doubt resolved in favor of the Veteran.

The Board found that the Veteran's cervical spine disability did not have its onset in active duty service and is not otherwise related to active duty service.

The Board found no current diagnoses of thoracolumbar spine, cervical spine, right hip or left hip disorders and thus denied service connection for these conditions.

The Veteran's unauthorized medical expenses incurred at a private facility on April 25, 2012 are now covered by VA due to the emergency nature of his condition and the unavailability of VA facilities.

The Board has determined that the Veteran's current cervical spine condition, diagnosed as DDD, is related to his in-service motor vehicle accident and granted service connection for this disability.

The Veteran's cervical spine disorder is service-connected, and she was granted a 50 percent disability rating for her major depressive disorder prior to May 19, 2008. The case is remanded for further development.

The Board denied the Veteran's requests to reopen his claims for service connection for arthritis of the cervical spine, right elbow, and shoulders. The evidence received since the previous denial was not new and material.

The Veteran's appeal has been dismissed as he withdrew his appeal prior to the Board making a decision.

The Board found that the Veteran did not sustain an injury, disease, or event manifesting in a neck disorder during active service and that his current neck disorder is not related to service. Therefore, the claim for service connection for a neck disability on a direct basis has been denied.