The veteran's claim for an increased rating for his cervical spine disability is being remanded due to the need to consider the application of new spine rating criteria and to obtain updated medical records.
The deciding factor: The Board has determined that the application of the new spine rating criteria, which went into effect in September 2003, must be considered as part of the increased rating claim for the veteran's cervical spine disability.
- Claimed conditions
- cervical discectomy, left spinal paralysis, trapezius muscle, serratus muscle group 1
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 26, 2004
- Citation
- 0410755
Veterans Law Judge
Decisions by this judge: 1,012 · Granted: 24% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0410755.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran withdrew his appeals regarding the issues of entitlement to a rating in excess of 30 percent for cervical radiculopathy of the left upper extremity, claimed as nerve damage; entitlement to a rating in excess of 20 percent for cervical radiculopathy of the right upper extremity, claimed as nerve damage, and entitlement to a rating in excess of 20 percent for cervical discectomy.
- Remanded (sent back)
The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining STRs and VA compensation examinations.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
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