Neck / cervical spine decisions — 2014

The Board has granted the Veteran's request to reopen his claim for service connection for chronic prostatitis. The claims for diabetes, acute epididymitis, and PTSD have been found to be supported by evidence of a current disability, in-service exposure to Agent Orange, and medical nexus opinions.

The Board has determined that additional development is needed to obtain the Veteran's service treatment records, personnel records, and VA/Non-VA medical records. The TDIU issue is inextricably intertwined with the service connection claims.

The Board has granted the Veteran's claim of service connection for lumbar strain with multilevel degenerative disc disease L4-L5 and L5-S1. The issue of entitlement to service connection for a cervical spine disorder (claimed as an upper back disorder) is remanded due to the failure to provide a Statement of the Case.

The Board has remanded the case due to missing evidence and a need for additional VA examinations. The Veteran's neck disability, including radiculopathy symptoms in the upper extremities, and head injury residuals are on appeal.

The Veteran's atypical migraines were granted a 30% rating effective November 4, 2013. His cervical strain was denied any increase in rating, and his right foot plantar fasciitis received a 20% rating.

The Board has determined that the Veteran's spine disorders did not develop during service and are not related to any in-service injury or event. The claims for residuals of lumps on the head and a respiratory disorder were also denied as there is insufficient evidence linking these conditions to service.

The Veteran's claims for service connection are being remanded due to his request for a videoconference hearing before the Board.

The Board found that a cervical spine disability was not incurred in service and is not proximately due to or the result of service-connected disability. The Veteran's current cervical spine disability is attributed to natural degenerative changes associated with aging.

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

The Board found no evidence of an in-service incurrence or aggravation of the claimed cervical spine, back, left knee, and right knee disorders. The Veteran's current disabilities are not presumed due to service in Vietnam.

The Veteran's appeal is being remanded to determine if the need for higher level of care, as defined by VA regulations, has been met. The case will be reconsidered based on the additional evidence obtained.

The Board has determined that the Veteran's current cervical spine condition is not related to service, and his headaches have worsened over time. Therefore, service connection for a cervical spine disability is denied, while an initial rating in excess of 10 percent for migraine headaches remains unchanged.

The Board has determined that additional development is needed before the issues on appeal can be addressed, including obtaining SSA records and scheduling a VA examination for the Veteran's cervical spine disorder. The Veteran's claims of service connection for residuals of a head injury and benign prostate hypertrophy are also being remanded.

The Veteran's appeal has been withdrawn prior to the Board making a decision.

The Veteran's unauthorized medical expenses incurred from June 19, 2011 to June 21, 2011 at Tallahassee Memorial Hospital were reimbursed as the emergency treatment was deemed necessary due to his severe symptoms and VA facilities were not feasibly available.

The Veteran's cervical spine disability was increased to a 20 percent rating effective October 13, 2011. The other issues remain on appeal.

The Board has ordered additional development to obtain service treatment records from the Marine Corps Recruit Depot in San Diego. The Veteran's claim for service connection for a cervical spine disability remains pending and will be remanded for further action.

The Board has determined that the Veteran's service connection claim for residuals of a fractured cervical spine with paralysis, including secondary to service-connected lumbosacral strain, cannot be granted as there is no evidence showing that the injury occurred in service or was caused by a service-connected condition.

The Veteran's cervical spine disability is currently rated at 30 percent, effective April 1, 2007. The Board finds that the evidence does not support a higher evaluation for this condition.

The claims for compensation under 38 U.S.C. § 1151 for right shoulder and lumbar spine disabilities are denied as the Veteran admitted that he injured these areas during his employment at VA, not due to VA medical or surgical treatment.