Neck / cervical spine decisions — 2017

The Board has determined that the evidence is in equipoise as to whether the Veteran's cervical spine disability is related to an injury sustained during active duty service, and therefore grants service connection for this condition.

The Veteran's appeal is being remanded for further development, including a new VA examination to assess the severity of his cervical spine and associated upper extremity radiculopathy disabilities. The claims will be adjudicated again after this additional development.

The Board has determined that the Veteran's current neck disability is not causally or etiologically related to his active duty service.

The Board has determined that the Veteran's left shoulder rotator cuff tendinitis with calcification, sprain and decreased mobility is etiologically related to his active duty service. The Board also finds that the evidence is at least in equipoise that the Veteran's current neck disability is etiologically related to his active duty service.

The Board has granted a 20 percent rating for the Veteran's cervical spondyloarthropathy from September 9, 2014 to November 21, 2016. The Veteran is not entitled to higher ratings at any other time.

The Veteran's appeal is currently in remand status due to the need for additional development, including obtaining VA and private treatment records and a new medical opinion from the June 2016 examiner.

The Veteran's appeal is being remanded due to the need for additional development, including a new VA examination for his left forearm disability and an assessment of his lumbar spine and neck disabilities.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Inland Imaging Valley Center on July 28, 2012 is denied. The treatment was not for a medical emergency and VA facilities were feasibly available.

The Veteran's appeal regarding increased evaluations for various service-connected conditions has been dismissed as the Veteran withdrew his claims prior to a decision being made.

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

The Veteran's claims for increased ratings for bilateral pes planus, thoracolumbar spine, and cervical spine disabilities were denied as the evidence did not support a higher rating under the applicable diagnostic codes.

The Board has granted service connection for a cervical spine disorder and denied service connection for obstructive sleep apnea. The Veteran's cervical spine disorder is found to be related to his active service, while the evidence does not support a finding of service connection for obstructive sleep apnea.

The Veteran's appeal has been withdrawn, and the issues have been dismissed.

The Veteran's cervical spine disability was rated at 10 percent prior to May 29, 2008 and denied a higher rating. The ovarian cyst disability is not compensable as there are no symptoms requiring continuous treatment. The uterine fibroids removal is currently rated at 10 percent and the Veteran does not have any symptoms that require continuous treatment.,The Veteran's cervical spine disability was rated at 10 percent prior to May 29, 2008 and denied a higher rating. The ovarian cyst disability is not compensable as there are no symptoms requiring continuous treatment. The uterine fibroids removal is currently rated at 10 percent and the Veteran does not have any symptoms that require continuous treatment.

The Veteran's appeal is being remanded due to the need for a new VA spine examination. The issue of entitlement to an initial evaluation in excess of 10 percent for cervical spine disability remains pending.

The Veteran's TDIU claim is being remanded for additional development, including obtaining medical records and scheduling an examination to assess the severity of his service-connected cervical strain, lumbar strain, radiculopathies.

The Board has found that the Veteran's current cervical spine DDD is related to her active service, and therefore grants her claim for service connection.

The Board found that the Veteran's cervical spine disability, which is rated at 10 percent under the General Rating Formula for Diseases and Injuries of the Spine, does not warrant a higher rating as his range of motion has not been shown to be severe enough to meet the criteria for a higher evaluation.

The Board has remanded the case for additional development, including obtaining medical records and providing a new examination to address service connection claims for low back disorder, cervical spine disorder, and acquired psychiatric disorder. The Veteran's service treatment records indicate he hurt his back in service, but there is conflicting evidence regarding the nature of his current conditions.

The Veteran's current degenerative changes of the cervical spine and bilateral cervical radiculopathy of the upper extremities are related to his in-service injury during a period of INACDUTRA, and thus service connection is granted.