The appeal is remanded to the RO for further development and adjudication of the claim, including consideration of a clear and unmistakable error in a previous rating decision.
The deciding factor: Further development is required as the RO did not address an intertwined issue regarding clear and unmistakable error in a prior rating decision.
- Claimed conditions
- cervical spondylosis
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 19, 2009
- Citation
- 0910353
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 multiple conditions, including bilateral foot disability, knee disability, ankle disability, cervical degenerative disc disease, spondylosis, and cervicalgia, secondary to a service-connected lumbar strain, as well as GERD. The claims of readjudication were also granted.
- Dismissed
The Board dismissed the claims for increased ratings and denied a compensable rating for right shoulder scars, while remanding several other issues including service connection for a right hand disorder.
- Remanded (sent back)
The Board remands the claims for service connection for cervical spondylosis, left knee degenerative arthritis, and migraines to VA for an adequate examination and medical opinion.
- Denied
The appeal to reopen a claim of service connection for cervical spondylosis was denied because the additional evidence submitted is not relevant to proving a nexus between the disability and military service.
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