The veteran's claim for an increased rating for his cervical spine disability is being remanded due to inadequate VCAA compliance, lack of adequate range-of-motion testing in the VA examinations, and need for additional medical records.
The deciding factor: The claims file was not properly addressed under the Veterans Claims Assistance Act (VCAA), there are insufficient details regarding the veteran's cervical spine pathology, and additional medical evidence is needed to support his claim.
- Claimed conditions
- residuals of a discectomy of C5-C6 with spur formation at C4-C7, radiculopathy, a residual scar
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 21, 2005
- Citation
- 0531313
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 0531313.
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 Veteran's appeal for a compensable disability rating for service-connected migraine headaches is remanded due to the need for further evaluation and consideration.
- Remanded (sent back)
The Veteran's claim for SMC based on loss of use of both lower extremities is being remanded due to a failure to obtain relevant private medical records. The AOJ will consider these records when readjudicating the claim.
- Granted
The Board has granted service connection for neurological impairment of the right and left lower extremities, variously diagnosed as neuropathy and radiculopathy, which is secondary to the Veteran's service-connected back disability.
- Granted
The Veteran's PTSD symptoms have caused occupational and social impairment with reduced reliability and productivity. The effective date for the grant of service connection for radiculopathy, right lower extremity is granted as August 24, 2012.
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