Neck / cervical spine decisions — 2017

The Board has remanded the Veteran's claims due to inadequate VA examination reports, specifically failing to address functional loss during flare-ups as required by Mitchell v. Shinseki (2011).

The Board has remanded the case for further development and consideration of the claim for service connection for headaches, to include as secondary to PTSD with depression and cervical spine disability.

The Veteran's claims for service connection for various joint and foot disabilities, including a sleep disorder and hypertension, were denied as there is no evidence of such conditions during his military service or within one year after separation. The Board finds that the Veteran did not have these conditions in service and they are not related to his active duty.

The Veteran's claimed generalized joint and muscle pain has been attributed to known clinical diagnoses, and is not related to undiagnosed illness or other qualifying chronic disability. The Board finds that service connection cannot be granted as the symptoms are not due to an undiagnosed illness or medically unexplained multisymptom illness.

The Board has remanded the case for additional evidentiary development due to inadequate medical opinions regarding the etiology of the Veteran's claimed disabilities.

The Veteran's appeal has been withdrawn prior to the Board making a decision.

The Board has remanded the case for additional development, including verification of the Veteran's service dates and obtaining his service treatment records from Korea. The Veteran is seeking to establish service connection for a cervical spine disability.

The Board has reopened the Veteran's claim for service connection for a back disability and finds that his current degenerative disc disease and degenerative joint disease of the thoracolumbar spine had its onset in service, including INACDUTRA. The Board also finds that his neck disability had its onset in service, including INACDUTRA.

The Board found that the Veteran's cervical spine disability did not manifest within one year following his separation from active duty service and was not otherwise directly related to his active duty service. Therefore, the claim for service connection is denied.

The Board has determined that the Veteran does not have a current cervical spine, right lower extremity radiculopathy, or right leg strain disability that is related to service. The preponderance of evidence fails to establish such a relationship.

The Board has denied the Veteran's petitions to reopen his previously denied claims for service connection for residuals of a pilonidal cyst and degenerative joint disease of the cervical spine. The claim for higher rating for lumbar spine disability is being remanded.

The Board has remanded the case for additional development, including obtaining all relevant VA and private treatment records, providing addendum opinions regarding the etiology of the Veteran's knee, shoulder, and cervical spine disabilities, and considering the combined impact of his service-connected conditions on his occupational functioning.

The Veteran is entitled to SMC at the (r-1) level due to his service-connected disabilities, including complete paraparesis/right hemiparesis of the right upper and lower extremities, mild muscle weakness of both upper and lower extremities, pseudomeningocele, headaches, and neurogenic bowel residuals. He is in need of regular aid and attendance.

The Veteran is seeking service connection for a cervical spine disability, to include as secondary to his service-connected lumbar spine disability. The case has been remanded due to inadequate opinions in the previous VA examination and addendum.

The Board denied the payment of attorney fees in the amount of $41,920.47 to the Veteran's former representative, K.S., as these past due benefits were not reasonable.

The Veteran's cervical spine disability, including degenerative disc disease and left C7-C8 radiculopathy, has been rated at 30% since the effective date of the decision. This rating is based on forward flexion limited to 15 degrees or less.

The Veteran's claim for a total disability evaluation based on individual unemployability (TDIU) was denied because he failed to report for necessary VA examinations, which were required to determine his employability due to service-connected disabilities.

The Veteran's claims for service connection are being remanded due to the need for additional medical examinations and opinions, as well as record development.

The Board has dismissed the appeal for entitlement to service connection for an upper back disorder. Service connection is granted for a cervical spine disability and asthma, both found to be related to active duty for training. The claim of new and material evidence to reopen the sleep apnea claim is allowed.

The Veteran seeks compensation under 38 U.S.C.A. � 1151 for additional disability resulting from a VA chiropractic adjustment on April 3, 2008. The Board finds that further development is needed to determine the cause of his disability and whether it was due to carelessness or fault.