The veteran's appeal is being remanded for additional development, including obtaining updated medical records and scheduling an orthopedic examination to determine if his neck disability is secondary to his service-connected back disability. The issue of entitlement to a total rating based on individual unemployability will also be remanded.
The deciding factor: The Board finds that the claim of entitlement to service connection for a neck disability must be remanded due to insufficient evidence regarding its relationship to the veteran's service-connected back disability.
- Claimed conditions
- cervical myositis, intervertebral disc syndrome of the lumbosacral spine
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 26, 2004
- Citation
- 0420160
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 0420160.
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.
- Remanded (sent back)
The Board has determined that the Veteran's claims for earlier effective dates and increased ratings are remanded due to the need for updated VA examinations.
- Granted
The Veteran's neck condition and unspecified depressive disorder are granted service connection as they are related to his in-service back injuries.
- Denied
The Board denied an increased disability rating for the Veteran's service-connected cervical myositis, finding that the evidence did not show unfavorable ankylosis of the entire cervical spine or the entire spine. The Veteran was currently rated at 30 percent.
- Remanded (sent back)
The Board has remanded the claims for service connection due to incomplete records and inadequate examinations. The Veteran's conditions of fatigue, chronic fatigue syndrome, fibromyalgia, osteoarthritis, and cervical myositis are being reviewed.
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