The appeal is remanded for additional development to address whether the Veteran's degenerative disc disease of the cervical spine was caused or aggravated by his service-connected right knee disability.
The deciding factor: The September 2008 VA examination did not provide an opinion on whether the cervical spine disability was caused or aggravated by the service-connected right knee disability, as required by the Board's remand instructions.
- Claimed conditions
- Degenerative disc disease of the cervical spine
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 5, 2009
- Citation
- 0908273
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 service connection for degenerative disc disease of the cervical spine, left and right upper extremity radiculopathy, as secondary to a service-connected lower back disability.
- Remanded (sent back)
The Board remands the claims for an increased rating in excess of 20 percent for degenerative disc disease of the cervical spine and entitlement to TDIU due to the need for a medical opinion on whether the Veteran's symptoms amount to functional ankylosis.
- Granted
The Board granted service connection for degenerative disc disease of the lumbar spine and cervical spine, finding that these conditions are related to the Veteran's combat service in the Persian Gulf.
- Remanded (sent back)
The Board remands the claim for service connection for a neck condition, to include degenerative disc disease of the cervical spine, cervical lordosis, and bone atrophy, as secondary to degenerative disc disease of the thoracolumbar spine, due to duty to assist errors.
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