The appeal is remanded to obtain additional National Guard service medical and personnel records to determine if the Veteran was serving on active duty, active duty for training, or inactive duty for training at the time of the claimed cervical spine injury.
The deciding factor: The decision was based on the need to verify the Veteran's periods of active duty, active duty for training, and inactive duty for training with the Florida National Guard to determine if service connection can be established.
- Claimed conditions
- cervical spine disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- March 6, 2009
- Citation
- 0908410
Veterans Law Judge
Decisions by this judge: 2,035 · Granted: 30% (granted or partly granted, in the indexed 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. Search VA.gov for the original decision (opens in a new tab) using citation 0908410.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Denied
The Board denied the claims of service connection for cervical spine and skin rash disabilities, finding that there is no evidence linking these conditions to active military service.
- Whole decision: Remanded (sent back)
The Board has decided to remand the claims for miscarriage, cervical spine disability, lumbar spine disability, and right elbow disability due to insufficient examination opinions and incomplete service history verification.
- Whole decision: Remanded (sent back)
The Board has decided to remand the claims for service connection for cervical and thoracolumbar spine disabilities due to a predecisional duty to assist error. The Veteran's past medical history needs to be considered in the new examination.
- Whole decision: Remanded (sent back)
The Board has remanded the Veteran's claims for sleep apnea and cervical spine disability due to potential service connection issues related to obesity, service-connected disabilities, and other factors.
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