Neck / cervical spine decisions — 2013

The Veteran's appeal is being remanded for additional development, including obtaining a VA examination to assess the combined impact of his service-connected disabilities on his employability and considering whether referral for an extraschedular TDIU is warranted.

The Veteran's appeal is being remanded for a new VA examination to determine if his combined effect of all service-connected disabilities precludes him from engaging in substantially gainful employment.

The Board has granted the Veteran's claim for service connection for an acquired psychiatric disorder, which includes PTSD, major depression, and anxiety disorder. The Board also found that a cervical/gynecological condition is related to active military service, but did not find any evidence of a respiratory disease due to chemical exposure during service.

The Veteran's claim for an increased rating for his service-connected cervical spine disc disease was granted, with a separate 30 percent rating assigned for the neurological manifestations of the disability. The original 20 percent rating for orthopedic manifestations remains in effect.

The Board has remanded the case for further development, including a VA examination and vocational rehabilitation assessment to determine if the Veteran's service-connected disabilities render her unable to secure and follow substantially gainful employment.

The Veteran's claim for reimbursement of unauthorized medical expenses incurred on June 16, 2007 was denied as the circumstances did not constitute a medical emergency and VA facilities were available.

The Veteran's cervical spine disability was found to have manifested in pain and limitation of motion, with forward flexion limited to 40 degrees. The Board determined that the current 30 percent rating for this period is appropriate.

The Veteran's claim for service connection for cervical spondylosis with degenerative changes was granted. Claims for arthritis of the left wrist and hand, both feet, left elbow, right elbow, shoulders, hips, ankles, and knees were denied.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not support a finding of secondary service connection for his cervical spine and left upper extremity conditions.

The Veteran's left shoulder disability was evaluated as having slight limitation of motion prior to July 31, 2012. From that date forward, the Veteran had limited range of motion with pain.,From July 31, 2012, the Veteran's cervical root nerve pain manifested as decreased sensation without additional limitation of motion.

The Veteran's appeal for service connection for an eye disorder has been withdrawn. The Board finds no evidence of a current hearing loss disability under VA guidelines, thus denying the claim for bilateral hearing loss. Service connection is granted for tinnitus as it was incurred during active duty and continues to persist.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim of service connection for bone spurs of the cervical spine. The Veteran currently has a diagnosed cervical spine disorder, which he asserts is related to his military service. Therefore, the claim is granted.

The Veteran's appeal is remanded to obtain additional service treatment records, verify dates of active duty and inactive duty training (IDT), and schedule a VA examination for his claimed cervical spine and right hand disabilities. The issue of PTSD will also be addressed in the statement of the case.

The Board has directed the VA to schedule the Veteran for additional examinations and remand his claims due to lack of proper notification of scheduled examinations.

The Board found that the evidence received since May 2004 is new but not material, and thus did not raise a reasonable possibility of substantiating the claims for chronic fatigue syndrome. The cervical spine disability claim was reopened based on new evidence, but service connection remains denied.

The Veteran's headaches are presumed to have been incurred in service. His bilateral knee disorders, cervical spine disorder and right leg sciatica are not shown to be related to his military service.

The Veteran's claim for service connection for post-operative residuals of squamous cell carcinoma of the right tonsil with metastasis to cervical lymph node, including as secondary to herbicide or asbestos exposure (claimed as throat cancer), is being remanded due to the need for additional development and examination.

The Board has remanded the claims of service connection for a back disability, neck disability, right shoulder disability, and hypertension due to inadequate VA examination records. The Veteran's file will be reviewed by a VA examiner who conducted previous examinations.

The Veteran's claim for a higher rating for his residuals of SFW, right neck with neuropathy, supraclavicular cutaneous nerve was granted and he is now rated at 40 percent effective May 13, 2010. His claim for an increased rating for his cervical spine disability remains pending.

The Board denied the Veteran's claims for service connection for a neck disability and bilateral ankle disabilities, finding that there was insufficient evidence to link these conditions to her military service.