The veteran's appeal involves his cervical spine disability, including a claim for an earlier effective date and TDIU. The Board has determined that additional development is needed due to the complexity of the issues.
The deciding factor: The decision on whether there was clear and unmistakable error in the February 1997 rating decision regarding residuals of fracture of the right mandible could affect the combined rating of his service-connected disabilities, which in turn could impact TDIU determination.
- Claimed conditions
- post-traumatic degenerative disc disease of the cervical spine, osteoarthritis of the cervical spine, right upper extremity radiculopathy
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- May 28, 2008
- Citation
- 0817401
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 0817401.
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 Board has granted service connection for cervical spine degenerative arthritis. The claims for back pain and right upper extremity radiculopathy are remanded due to the need for additional medical examinations.
- Dismissed
The appeal seeking to establish entitlement to special monthly compensation (SMC) is dismissed because the AOJ decision was merely implementing a Board's earlier effective date decision for service connection.
- Remanded (sent back)
The Veteran's TDIU and DEA claims are remanded due to insufficient evidence for a schedular rating, and the issues are inextricably intertwined.
- Granted
The Board has granted effective dates of January 4, 2024 for the service connection of left and right upper extremity radiculopathy as a complication or secondary to service-connected cervical degenerative disc disease with spinal stenosis and vertebral fracture.
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