Neck / cervical spine decisions — 2013

The Veteran's service-connected disabilities, including bursitis of the left shoulder, cervical spine arthritis, tinnitus, post-traumatic stress disorder, and bilateral hearing loss, do not render him unemployable.

The Veteran's claims for increased ratings and service connection were denied, as the evidence did not meet the criteria for such benefits at the time of his death.

The Veteran's claims for service connection and increased rating for bilateral pes planus are being remanded due to the need for additional development, including a new VA examination.

The Veteran's appeal is being remanded for additional development to address the claims of service connection for bilateral foot disability and cervical spine disability. The VA examiner will need to provide opinions regarding whether the current disabilities are related to service, including consideration of aggravation.

The Board has ordered a VA examination to determine if the Veteran's current cervical spine disorder is related to his military service. The remand also requires obtaining all outstanding medical records and making attempts to obtain a report of an MRI of the cervical spine.

The Board denied the Veteran's claims for higher initial ratings and earlier effective dates, finding no new evidence to reopen or support service connection for various conditions. The appeals were dismissed.

The Veteran's claims for service connection of right ankle, left ankle, left knee, left shoulder, left hip and neck (cervical spine) disorders were denied as there is no evidence of current disabilities.

The Veteran's cervical strain and right shoulder strain have been granted initial ratings, but his bilateral hearing loss disability remains unresolved due to a lack of a statement of the case.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Veteran's tinnitus is rated at the maximum allowable under VA regulations, and his neck disability has been assigned a noncompensable rating. His bilateral hearing loss claim was not addressed as it may be encompassed by other claims.

The Veteran's appeal is being remanded for further development, including obtaining SSA records and scheduling a VA examination to assess his employability due to service-connected disabilities. The claim of secondary service connection for anxiety reaction will also be considered.

The Board has determined that the Veteran's unauthorized medical expenses incurred on April 17, 2009 and May 7, 2009 do not meet the criteria for payment or reimbursement under 38 U.S.C.A. § 1728 due to lack of emergency treatment.

The Board denied service connection for a cervical spine disorder and sleep apnea, finding that the preponderance of evidence did not support these claims. The Veteran's cervical spine disorder was not shown to have had its onset during active service or be related to his military service. Sleep apnea is also not supported by the evidence as there is no diagnosis in the record.

The Board has determined that the Veteran's bilateral knee disability and neck disability are related to his active service, granting service connection for both conditions.

The Board denied the Veteran's claims of service connection for cervical spondylosis, pain in right and left arms (secondary to cervical spondylosis), and bilateral hearing loss. The Board found that these conditions were not related to his active service.

The Board denied the Veteran's claims of service connection for various conditions, including keloid scars, an acquired psychiatric disorder (including PTSD and MDD), a right shoulder disability, a left shoulder disability, and a cervical spine disability. The evidence did not meet the criteria for reopening the claim regarding keloid scars, and there was insufficient evidence to establish service connection for any of the other conditions.

The Board has granted service connection for a cervical spine disability, but denied the Veteran's claims for PTSD, chronic sinusitis, diabetes mellitus, and peripheral neuropathy of both feet. The temporary 100 percent evaluation based on convalescence due to surgery of the cervical spine in 2008 is also granted.

The Board granted service connection for a cervical spine disability and assigned a 20% evaluation effective May 29, 2009. The Veteran requested an earlier effective date but was denied.

The Veteran's claims for higher initial ratings and service connection are being remanded due to the need for updated VA examinations.