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
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 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.
- Remanded (sent back)
The Board remands the issues of increased ratings for cervical spine and thoracolumbar spine spondylosis for additional development.
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