The Board remands the case for a new examination to evaluate the severity of the veteran's service-connected cervical spine disorder, as well as to consider the applicability of 38 C.F.R. § 4.40 and 4.45.
The deciding factor: The Court found that the previous examinations did not fully address the required criteria for evaluating the cervical spine disability, necessitating a new examination.
- Claimed conditions
- degenerative disc disease of the cervical spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 16, 2009
- Citation
- 0902016
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.
- Granted
The Board granted disability ratings of 40 percent for right shoulder impingement syndrome, 30 percent for left shoulder impingement syndrome, rotator cuff tear, and acromioclavicular joint osteoarthritis, 30 percent for degenerative disc disease of the cervical spine, 40 percent for degenerative disc disease of the thoracolumbar spine, and 30 percent for right knee patellar chondromalacia with degenerative arthritis, but not higher.
- Denied
The Board denied entitlement to higher disability ratings for chronic sinusitis, low back disability, cervical spine disability, radiculopathy right upper extremity, and thoracolumbar spine scar. The Board also remanded service connection claims for left and right knee disabilities.
- Partly granted
The Board granted service connection for bilateral foot, cervical spine, and bilateral hip disabilities but denied service connection for an eye disability, OSA, a sinus disability, and a nail condition. The Board also denied an increased rating for hearing loss and dismissed the TDIU claim.
- Partly granted
The veteran's claims for service connection for degenerative disc disease of the cervical spine and lumbar spine were granted due to new and relevant evidence. The claim for right ulnar neuritis was dismissed because proper claims processing rules were not followed.
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