The veteran's cervical spine disorder is not service-connected, and his lumbar spine disability does not meet the criteria for a higher evaluation. The Board has remanded the issue of total disability rating based upon individual unemployability due to service-connected disabilities.
The deciding factor: The VA determined that there was no evidence linking the veteran's cervical spine disorder to his active duty service, and denied service connection on this basis.
- Claimed conditions
- Cervical Spine Disorder, Degenerative Disc Disease of the Lumbar Spine, Left Foot Heel Varus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 13, 2004
- Citation
- 0432875
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 0432875.
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 appeal for service connection for an acquired psychiatric disorder is dismissed as the Veteran was granted service connection effective from the date of his claim.,Service connection for bilateral tinnitus is denied.
- Granted
The Veteran's service-connected disabilities, including PTSD, left shoulder disorders, right shoulder disorder, cervical spine disorder, left ankle disorder, allergic rhinitis, and bilateral knee disorders, prevented him from securing or following substantially gainful employment consistent with his education and work history. The Board granted the TDIU claim based on these conditions.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for PTSD and Degenerative Disc Disease of the Lumbar Spine due to a duty to assist error. The AOJ is instructed to obtain relevant medical records, including SSA disability records and Federal prison medical records, and request an addendum opinion regarding the nature and etiology of the Veteran's back disorder.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to inadequate medical opinions provided in his VA examinations. The claims include tension headaches, a psychiatric disability (diagnosed as generalized anxiety disorder), a cervical spine disorder, hand tremors, a lumbosacral spine disorder, a gastrointestinal disorder, and residuals of a hydrocele.
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