Neck / cervical spine Board decisions

The veteran's request to reopen his claim for payment or reimbursement of unauthorized medical expenses incurred between October 1990 and April 1991 was timely filed, as the RO found that he had submitted a timely claim within two years of notification of service connection.

The veteran's claim for a TDIU is being remanded due to the need to determine if he was entitled to this benefit during the one-year period preceding his March 19, 2001, claim. The RO increased his combined rating to 70 percent effective March 31, 2001.

The Board denied the veteran's claims for service connection for flat feet and a disorder of the cervical, thoracic, and lumbar spine. The veteran entered service with preexisting pes planus that did not undergo an increase in severity during service.

The Board has determined that the veteran does not have a diagnosed cervical spine disorder or psychiatric disorder, and therefore, service connection for these conditions cannot be granted.

The Board has determined that the veteran's renal insufficiency and polycystic kidney disability is proximately due to or the result of his service-connected degenerative joint disease of the left knee, which he treated with NSAIDS.

The veteran's appeal involves claims for an increased rating for PTSD and service connection for a cervical spine condition with muscle tension and spasms, which are secondary to his service-connected PTSD. The case is being remanded due to the need for further development of evidence.

The Board found that the veteran's service-connected left leg peroneal nerve injury did not cause or contribute to his death. The primary cause of death was cardio-pulmonary arrest due to gastrointestinal hemorrhage, with cervical spondylitic myelopathy as a contributory cause. The appellant's claim that falls caused by her husband's foot drop contributed to the cervical spine disability is not supported by medical records.

The Board has determined that the veteran's degenerative disc disease of the cervical spine and thoracic outlet syndrome are related to his service, granting service connection for these conditions.

The veteran's claims for increased evaluations and service connection are being remanded due to the need for compliance with the Veterans Claims Assistance Act of 2000, including notification requirements under 38 U.S.C.A. § 5103(a) and 38 C.F.R. § 3.159.

The Board has determined that the veteran's arthritis of the spine and headaches were not incurred or aggravated by service, and thus denied both claims.

The Board has ordered further development in the veteran's case, including additional medical examinations and review of evidence. The appeal is currently remanded to allow for these actions.

The veteran's cervical spine disability is being remanded for further development to determine if it was caused by carelessness, negligence, or lack of proper skill on the part of VA in furnishing March 1999 hospital care.

The Board found that the veteran's cervical spine disability was not incurred in or aggravated by service and denied his claim for service connection.

The veteran's claims for increased ratings and evaluations were denied. The Board found that the criteria for an evaluation in excess of 10 percent for tinnitus have not been met, as his bilateral tinnitus did not manifest with an exceptional or unusual disability picture to include marked interference with employment or frequent periods of hospitalization.

The Board found that the June 1980 rating decision denying service connection for tinnitus was not clearly and unmistakably erroneous. The veteran's claim for increased rating of cervical degenerative disc disease and TDIU is remanded for further development.

The Board has dismissed the veteran's appeal as he withdrew his claims for service connection for a neck disability and tinnitus.

The veteran's appeal is being remanded due to procedural issues, and the RO must ensure all VCAA notice obligations have been satisfied before readjudicating the claims.

The Board has ordered further development due to the need for additional evidence. The case is now being sent back to the RO for specific actions, including obtaining verification of the veteran's duty status and arranging for an orthopedic examination.

The veteran's appeal is being remanded for further development and consideration of his claims, including scheduling VA examinations to assess the severity of his service-connected disabilities.

The Board found no clear and unmistakable error (CUE) in the September 1998 rating decision that denied an increased rating for cervical spine disability and service connection for PTSD.