Neck / cervical spine Board decisions

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The Veteran's appeal has been withdrawn prior to the Board making a decision.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

The Board has determined that there is new and material evidence to reopen the claims for service connection for cervical and lumbar spine disabilities, which are now granted as these conditions are found to be related to the Veteran's military service. The right leg disability, right elbow disability, and bilateral arm disability remain pending.

The Board has determined that it is at least as likely as not that the Veteran's cervical spine disability, diagnosed as spondylosis and degenerative disc disease, resulted from in-service injury to the cervical spine. Therefore, service connection for this condition is granted.

The Veteran's service-connected disabilities are too numerous and severe to identify a feasible vocational goal, leading to the denial of his VR&E benefits.

The Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected cervical spine arthritis was denied. The evidence did not support a finding that the disability warranted a higher rating based on functional loss, muscle spasm, guarding, localized tenderness, vertebral body fracture, intervertebral disc syndrome requiring bed rest prescribed by a physician, or associated neurological impairment.

The Veteran's appeal is being remanded to obtain additional medical records and for a VA examination to assess the severity of his cervical spine, thoracic spine, right shoulder, and right hip disabilities. The appeal also includes service connection claims for bilateral corneal abrasions.

The Board has determined that the Veteran's current lumbar and cervical spine disorders are causally related to an in-service back injury, thus granting service connection for these conditions.

The Board found insufficient evidence to grant service connection for a bilateral shoulder disability and denied entitlement to a total disability rating based on individual unemployability prior to November 10, 2009.

The Veteran's appeal is being remanded for additional development to clarify the nature and etiology of his claimed disabilities, including ankle, knee, low back, and cervical spine disabilities.