The Board remanded the veteran's appeals for service connection of a cervical spine disability and for an increased rating above 40 percent for his service-connected low back condition. On remand, VA must obtain additional medical records, provide proper notice to the veteran, and schedule examinations to determine the etiology of the cervical spine condition and reassess the current level of the low back disability.
The deciding factor: The Board found that prior examinations did not address etiology of the cervical spine disability, VA failed to provide proper notice regarding increased rating criteria as required by Vazquez-Flores, and current medical evidence demonstrates a cervical spine disability requiring examination to determine whether it is service-connected directly, secondary to the service-connected low back condition, or related to in-service cervical spine injury noted in 1976 records.
- Claimed conditions
- cervical spine disability, status post diskectomy with degenerative disc disease at L3-L4, L4-L5, and L5-S1
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- April 14, 2008
- Citation
- 0812271
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.
- Partly granted
The Board granted a 20 percent disability rating for left and right lower extremity radiculopathy from April 3, 2023 onward, but denied higher ratings prior to that date. Service connection was also granted for alcohol use disorder as secondary to PTSD with traumatic brain injury.
- Dismissed
The Board dismissed the appeals for service connection for a bilateral knee disability, bilateral upper and lower extremity peripheral neuropathy, lumbar spine disability, cervical spine disability, and chronic pain syndrome due to untimely notices of disagreement.
- Granted
The Board granted service connection for multiple disabilities, including cervical spine and thoracolumbar spine disabilities, radiculopathies, a bladder disability, headaches, a left knee disability, an acquired psychiatric disorder, and bilateral conjunctivitis. The Board also granted entitlement to a total disability rating based on individual unemployability due to service-connected disability.
- Remanded (sent back)
The Board remands the claim for a cervical spine disability to obtain an addendum medical opinion addressing the Veteran's in-service treatment for pack palsy with residual weakness.
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