The appeal is remanded for a new examination to determine the current severity of the veteran's service-connected cervical spine disability, including any associated neurological impairment.
The deciding factor: The current examination does not fully address limitation of motion based on functional impairment as specified by the Court in DeLuca v. Brown, 8 Vet. App. 202 (1995), and does not provide an opinion as to the severity of associated neurological symptoms.
- Claimed conditions
- cervical spine spondylosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 2, 2008
- Citation
- 0814525
Veterans Law Judge
Decisions by this judge: 1,582 · Granted: 32% (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 0814525.
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 cervical spine disability is being remanded for further development to determine its nature and etiology, including consideration of in-service events and symptoms.
- Dismissed
The veteran withdrew the appeal for all service connection and increased rating claims, including those related to various conditions such as right foot condition, TMJ, asthma, jawbone condition, sleep apnea, kidney stones, chronic bronchitis, Alpha gal, encephalopathy, left shoulder, left ankle, cervical spine, right hip, tachycardia, loose teeth, and jawbone condition.
- Remanded (sent back)
The Board remands the claims for a rating in excess of 10 percent and 20 percent for cervical spine spondylosis and lumbar spine degenerative disc disease with degenerative arthritis, as an adequate medical opinion has not been obtained.
- Partly granted
The Board granted a 30 percent rating for cervical spine spondylosis from September 23, 2013 and a 40 percent rating for right upper extremity (RUE) radiculopathy prior to December 16, 2013. Other claims were denied.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.