Neck / cervical spine decisions — 2013

The Veteran's cervical spine disability is currently rated at 20 percent, which reflects the limitation of motion and radiculopathy. The current rating adequately compensates for his symptoms.

The Veteran's claims for service connection for bilateral ankle disability, psychiatric disability (adjustment disorder with mixed depression and anxiety), bilateral hip disability, cervical spine disability, and bilateral knee disability have been denied as the evidence does not support a finding that these conditions are related to active duty service or secondary to his service-connected low back sprain.

The Veteran's appeal is being remanded for additional development, including obtaining service treatment records and conducting a VA examination to determine the etiology of his left eye disability.

The Board has remanded the case for additional development, including obtaining medical records from Dr. Renfro and updating VA treatment records.

The Board has determined that the Veteran's current cervical, thoracic, and lumbosacral spine disorders are not related to his active service. The in-service motor vehicle accident did result in injuries but these were treated and resolved without chronic symptoms persisting post-service.

The Veteran's disabilities of the cervical spine, lumbosacral spine, stomach, and left shoulder were not proximately due to or the result of VA carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA in furnishing reasonable care.

The Board found that the evidence did not establish a service connection for cervical spine disorder or right elbow disorder, as there was no medical evidence showing such conditions were incurred during active duty. The appellant's reports of ongoing symptoms and physical stresses related to his job were considered at the time of the previous final decision.

The Veteran's claim for service connection for residuals of cervical cancer was denied because she has never been diagnosed with cervical cancer. The issue of service connection for an acquired psychiatric disorder is remanded due to the need for additional development, including obtaining SSA disability records.

The Veteran's unauthorized medical expenses incurred from May 6, 2009 through May 8, 2009 at Maine Medical Center were approved due to the emergent nature of his condition and the unavailability of VA facilities that could have provided the necessary care.

The Board has determined that the Veteran does not have a current disability for any of the claimed conditions and therefore, service connection cannot be granted.

The Board denied all increased evaluations of appeal for right shoulder bicipital tendonitis and bursitis, cervical strain, and dorsolumbar strain.

The Board denied the Veteran's claims of service connection for Scheuermann's disease, hypertension, bilateral finger disability, and a neck disability.

The Veteran's posttraumatic stress disorder is found to have originated during his service in Afghanistan, and the Board grants service connection for this condition.

The Veteran's service-connected disabilities do not meet the criteria for specially adapted housing or a special home adaptation grant due to his inability to use braces, crutches, canes, or a wheelchair as a normal mode of locomotion.

The Board found that the Veteran's cervical spine disability is not related to his service and denied his claim.

The Veteran's service-connected degenerative changes of the lumbosacral spine and cervical spine with disc herniation at C5-C6 and C6-C7 have been granted, but only a separate compensable rating for objective neurological abnormalities associated with the lumbosacral spine has been awarded. The cervical spine issue remains unresolved.

The Veteran's left shoulder condition, tendonitis and/or bursitis, was not incurred in or aggravated by service. Her right shoulder injury is unrelated to any event or disease in service.,The cervical spine sprain/strain was also not incurred in or aggravated by service.

The Board has determined that there is no evidence to support a finding of chronic cervical spine disorder during service or within one year following service, and the Veteran's current cervical spine disorder is not related to his period of active duty.

The Veteran's cervical spine disability has been primarily manifested by pain on use and moderate to severe limitation of motion, but does not meet the criteria for a higher rating under either the old or new VA rating criteria.

The Board has remanded the case for further development, including a VA examination to address whether service connection is warranted for a cervical spine disability on a direct or secondary basis. The Veteran contends that his current neck pain may be related to an in-service fall and/or his service-connected lumbar spine condition.