Neck / cervical spine decisions — 2015

The Board has granted the Veteran's request to reopen his claim for service connection for degenerative arthritis of the cervical, thoracic, and lumbar spine. The case is now remanded for further development including a VA examination.

The Veteran's MRSA is found to be at least as likely as not related to service, and the claim for service connection is granted. The remaining issues are remanded for further development.

The Veteran's claim for a higher initial evaluation of 20 percent for cervical spondylosis from November 18, 2004 was granted. The rating remains at 20 percent.

The Board has determined that the Veteran's right arm, cervical spine, and lumbar spine disabilities are not service-connected as they are not related to her active military service.

The Board denied the Veteran's claims for service connection for coronary artery disease, peripheral neuropathy of the upper and lower extremities, rhabdomyolysis, and carpal tunnel syndrome. The evidence did not establish a link between these conditions and active duty service.

The Veteran's combined disability rating is 80 percent, which meets the percentage requirements for a TDIU. However, his service-connected disabilities do not preclude him from securing and following all substantially gainful employment consistent with his education and occupational experience.

The Veteran's service connection claims for obstructive sleep apnea with fatigue, right knee arthritis, left hip arthritis, lumbosacral spine degenerative disc disease and cervical spine degenerative disc disease were granted. The effective dates for the right knee and left hip conditions are set at April 14, 2010, while those for the lumbosacral spine and cervical spine conditions are set at August 20, 2010.

The Board has dismissed the appeal because a timely substantive appeal was not filed within 60 days of the October 2008 rating decision, and no request for extension of time to file an appeal was submitted.

The Board found no medical evidence linking the Veteran's current cervical spine disability to his active duty, ACDUTRA, or INACDUTRA service. The claim is denied.

The Veteran's claims for increased ratings and service connection were denied. The initial evaluations assigned for the disabilities granted by the February 2009 rating decision are not supported.

The Board has decided to remand the Veteran's claim for a cervical spine disability due to inadequate examination and opinion regarding the etiology of his current condition. The case will be reviewed after further development.

The Veteran's increased ratings for cervical and lumbar spine disabilities were denied as the evidence did not meet the criteria for a higher rating under the applicable VA Rating Schedule.

The Veteran's current cervical spine degenerative disc disease/degenerative joint disease is found to be etiologically related to his combat service in Vietnam. The right and left shoulder disorders are pending as the VA examination has not yet been conducted.

The Board has determined that additional VA examinations and medical records are needed to determine the etiology of the Veteran's spine, respiratory, and sleep apnea disabilities. The case is therefore being remanded for these purposes.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims for service connection and TDIU. The case is being remanded to obtain relevant medical records, including from a chiropractor in Cornell, Wisconsin, and any workers' compensation records.

The Board found that the appellant's cervical spine surgery was not an emergency and VA facilities were feasibly available, thus denying entitlement to payment or reimbursement of unauthorized medical expenses.

The Veteran's claim for an annual clothing allowance is being remanded due to the need to review his VA treatment records and determine if he used prosthetic or orthopedic appliances in 2012-2013 that tend to wear or tear his outer garments.

The Board has remanded the case for additional development, including a VA examination regarding service connection for neck pain and consideration of VA treatment records. The Veteran's claim for an initial compensable disability rating for left knee patellofemoral syndrome will also be considered.

The Veteran's appeal has been dismissed as he withdrew the issues of entitlement to service connection for atrial fibrillation, subacute peripheral neuropathy, right upper extremity, and entitlement to an initial evaluation in excess of 10 percent for service-connected left distal radius fracture, status post reduction, with degenerative changes.

The Veteran's claim for service connection for PTSD was reopened and granted. The lumbar spine disability is rated at 40 percent, effective January 9, 2012. Service connection for an acquired psychiatric disorder, cervical spine degenerative disc disease, fibromyalgia, and rectal prolapse are all denied.