Neck / cervical spine Board decisions

The Veteran's appeal is being remanded for further development, including obtaining SSA records and scheduling a VA examination to assess his employability due to service-connected disabilities. The claim of secondary service connection for anxiety reaction will also be considered.

The Board has determined that the Veteran's unauthorized medical expenses incurred on April 17, 2009 and May 7, 2009 do not meet the criteria for payment or reimbursement under 38 U.S.C.A. § 1728 due to lack of emergency treatment.

The Board denied service connection for a cervical spine disorder and sleep apnea, finding that the preponderance of evidence did not support these claims. The Veteran's cervical spine disorder was not shown to have had its onset during active service or be related to his military service. Sleep apnea is also not supported by the evidence as there is no diagnosis in the record.

The Board has determined that the Veteran's bilateral knee disability and neck disability are related to his active service, granting service connection for both conditions.

The Board denied the Veteran's claims of service connection for cervical spondylosis, pain in right and left arms (secondary to cervical spondylosis), and bilateral hearing loss. The Board found that these conditions were not related to his active service.

The Board denied the Veteran's claims of service connection for various conditions, including keloid scars, an acquired psychiatric disorder (including PTSD and MDD), a right shoulder disability, a left shoulder disability, and a cervical spine disability. The evidence did not meet the criteria for reopening the claim regarding keloid scars, and there was insufficient evidence to establish service connection for any of the other conditions.

The Board has granted service connection for a cervical spine disability, but denied the Veteran's claims for PTSD, chronic sinusitis, diabetes mellitus, and peripheral neuropathy of both feet. The temporary 100 percent evaluation based on convalescence due to surgery of the cervical spine in 2008 is also granted.

The Board granted service connection for a cervical spine disability and assigned a 20% evaluation effective May 29, 2009. The Veteran requested an earlier effective date but was denied.

The Veteran's claims for higher initial ratings and service connection are being remanded due to the need for updated VA examinations.

The Board denied the Veteran's claim for an extension of a temporary total convalescence rating beyond June 30, 2009, following his cervical spine surgery. The evidence did not meet the criteria for extending the convalescence period.

The Veteran's claims for higher ratings were denied, but the Board acknowledged that he had raised an informal claim for a Total Disability Rating Based on Individual Unemployability (TDIU) and remanded the case to consider this issue.

The Veteran's cervical spine disability is currently evaluated at 20 percent, and the Board finds that a higher rating is not warranted based on his current symptoms.

The Board has determined that the Veteran's lumbar and cervical spine disabilities are related to his military service, granting service connection for these conditions.

The Board found that the Veteran's current arthritis of the cervical and thoracolumbar spine is not related to his service, including any in-service injuries. The VA examiners concluded it was less likely as not related to service.

The Board has determined that the Veteran's death was caused by his service-connected disabilities, specifically degenerative joint disease of the cervical and lumbar spine, which contributed to his suicide. The Board finds in favor of granting service connection for cause of death.

The Board is remanding the case for additional development to determine if the Veteran's current cervical spine disability is related to his service or pre-existed service and was aggravated by his service-connected right shoulder disability.

The Board has decided to remand the Veteran's claims for further development due to the need for additional examinations and medical opinions regarding his thoracolumbar spine disability and cervical spine disability.

The Board has determined that the Veteran's cervical spine DDD is related to injuries sustained in a motor vehicle accident during service, and thus grants the claim for service connection.

The Board has determined that service connection is warranted for cervical spine degenerative joint disease and denied service connection for diabetes mellitus. The Veteran's cervical spine disorder is found to be related to her military service, while the evidence does not support a finding of service connection for diabetes mellitus.