The Board has remanded the case for a new VA examination to address whether any identified disorder of the Veteran's cervical spine had onset during his service, was caused by or aggravated by his service-connected acromioclavicular separation, left shoulder, and if so, whether it is at least as likely as not that any identified disorder of the Veteran's cervical spine was due to a post-service work injury.
The deciding factor: The Court found the June 2005 VA examination report inadequate for more than one reason, including failing to discuss a 1981 service treatment record and providing an analysis inadequate to support the conclusion that the Veteran's neck condition was due to post-service work injuries.
- Claimed conditions
- cervical spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 11, 2009
- Citation
- 0930030
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 0930030.
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 appeal for neck pain pinched nerve severe arthritis cervical spine is dismissed as a matter of law. Service connection and increased ratings are granted for major depression, mental disorder anxiety and PTSD, carpal tunnel syndrome (both wrists), and migraine including migraine variants.
- Dismissed
The Veteran's appeals for higher disability ratings and service connection were withdrawn, and the appeal concerning a deferred evaluation for left ear hearing loss was dismissed due to a claims-processing error.
- Dismissed
Your appeal for service connection on multiple conditions has been dismissed due to the Veteran's death during the pendency of your appeal.
- Denied
The Veteran's service-connected disabilities do not meet the criteria for special monthly compensation based on aid and attendance due to his dementia, which is not service-connected.
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