Neck / cervical spine Board decisions

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.

The Board has decided to remand the case for further development, including obtaining service treatment records and scheduling a VA examination.

The Board has decided to remand the Veteran's claims for additional development due to inadequate examination reports and other issues.

The Veteran's cervical spine disability is rated at 30 percent, and his left upper extremity radiculitis has been rated as noncompensable. The Veteran was granted a TDIU rating.

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

The Board finds that the Veteran's cervical spine disability was not incurred in or aggravated by service. The VA examiner opined that the current condition is less likely than not caused by any incident during service.

The Veteran's appeal includes claims for various conditions, including hypertension, psychiatric disorders, lung issues, head trauma, sleep apnea, headaches, and several other conditions. The Board has remanded the case due to a request for a videoconference hearing.

The Veteran's appeal is being remanded to obtain additional medical records and schedule a Travel Board hearing.