The appeal is remanded for additional development, including an examination to determine the nature and etiology of the Veteran's cervical spine disability in relation to his service-connected low back disability.
The deciding factor: The June 2004 examiner did not address whether the low back disability had aggravated the neck disability. An additional opinion is needed to address this question.
- Claimed conditions
- cervical spine disability, to include radiculopathy into the upper extremities, lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 6, 2009
- Citation
- 0908282
Veterans Law Judge
Decisions by this judge: 3,217 · Granted: 46% (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 0908282.
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.
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The Veteran's service-connected disabilities result in the permanent loss of use of his left foot and upper right extremity, allowing for entitlement to an allowance for an automobile or other conveyance and adaptive equipment.
- Partly granted
The Veteran's appeal of his right ear hearing loss claim is dismissed. His claims for tinnitus, pseudofolliculitis barbae, and several other conditions are granted. The remaining claims are remanded.
- Granted
The Veteran's claims for separate 20% ratings for left and right shoulder limitation of motion have been granted effective April 15, 2019. These were previously pending but not formally submitted until after the October 2015 rating decision became final.
- Remanded (sent back)
The Board has remanded the claims for additional development, including obtaining VA examinations and medical opinions.
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