Neck / cervical spine Board decisions

The Board found that the Veteran's current cervical spine disability is not related to his service and denied his claim for service connection.

The Board has granted service connection for degenerative joint disease of the cervical spine and disc disease of the lumbosacral spine, as well as radiculopathy of the right upper extremity.

The Veteran is entitled to a total rating based on individual unemployability due to his service-connected disabilities, effective January 26, 2007.

The Board has determined that the issue of whether new and material evidence has been received to reopen a service connection claim for a cervical spine disability, characterized as odontoid fracture with fusion from C1 through C3, is inextricably intertwined with the issue of entitlement to service connection for an acquired psychiatric disability. As such, any Board action on the cervical spine claim at this juncture would be premature.

The Board has remanded the case to obtain additional service personnel records and VA medical center records, including those from 1973 to 1994. The Veteran's claims for service connection will be reconsidered based on this new information.

The Veteran's claim for service connection for headaches and a disorder of the penis is granted. The effective date will be determined based on the evidence provided.

The Board has dismissed the appeals for carpal tunnel syndrome, diabetes mellitus, glaucoma and cataracts, high cholesterol, and hypertension. The remaining issues of service connection for asbestosis, COPD, spurring of cervical and lumbar spine (back disorder), sleep apnea, tonsil disorder, bilateral knee arthritis with total knee replacement, right foot Achilles tendon (right foot disorder), and left foot disorder are addressed below.

The Veteran's cervical spine scar does not meet the criteria for a compensable rating, and his lumbar spine conditions do not warrant an increased disability rating.

The Board has determined that the Veteran's cervical spine disability was not incurred in or aggravated by active service, and there is no competent medical evidence linking it to service. The lumbar spine disability claim will be remanded for further development.

The Veteran's medical expenses at the University of Michigan Hospital were not authorized for payment or reimbursement because VA facilities were feasibly available and he did not attempt to use them beforehand.

The VA determined that there is no evidence linking the Veteran's cervical spine disability to his military service, including an accident in 1980. The Board found insufficient medical evidence to support a claim of service connection.

The Veteran's service-connected cervical spine disability has been shown to be manifested by moderate limitation of motion, with flexion to 45 degrees and no ankylosis. The criteria for a higher rating have not been met.

The Board denied service connection for a claimed back disorder and bilateral hip disorder, finding no evidence of current disabilities or causation by service or service-connected conditions.

The Veteran's chronic cervical musculotendinous strain is manifested by severe limitation of motion and ankylosis in a favorable position without one or more of the specified complications. The disability does not meet the criteria for a higher rating.

The Veteran's claim for service connection for degenerative joint disease with osteophytes is dismissed because he is already compensated for the symptoms and manifestations of his current cervical spine disorder. Therefore, a separate award for this condition would be duplicative.

The case is being remanded for additional development to address the Veteran's claims, including obtaining his service personnel record and scheduling a VA examination.

The Veteran's degenerative disc disease of the cervical spine is not service-connected as it was not incurred or aggravated during her active duty service. The Board finds that the condition is more likely related to a motor vehicle accident in 1996, which occurred after she left military service.

The Board has remanded the case for completion of several directives, including determining the Veteran's current address and clarifying his representation preferences. The case is now pending further action.

The Board has granted a 30 percent rating for the Veteran's cervical strain since September 18, 2009. The condition is currently rated under the General Rating Formula for Diseases and Injuries of the Spine.

The Veteran's appeal is being remanded for further development, including additional examinations and consideration of the claims in light of new evidence.