The Veteran's claim for compensation under the provisions of Title 38, United States Code, � 1151 for degenerative disc disease of the cervical spine with radiculopathy is being remanded due to a need for further development and consideration.
The deciding factor: The case was previously denied but needs to be reconsidered as per the Court's remand order.
- Claimed conditions
- degenerative disc disease of the cervical spine with radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 17, 2009
- Citation
- 0930783
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 0930783.
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.
- Remanded (sent back)
The appeal was remanded to correct the legal basis for the claim and ensure proper notification.
- Denied
The Board finds that the veteran did not suffer additional disability as a result of VA surgery, and any such disability was due to natural progression rather than negligence or error by VA.
- Remanded (sent back)
The veteran seeks compensation under 38 U.S.C.A. § 1151 for degenerative disc disease of the cervical spine with radiculopathy, alleging medical negligence by VA doctors during a left C6/C7 hemilaminectomy and nerve root decompression surgery in July 2001 at the Durham, North Carolina VA Medical Center. The claim is remanded due to incomplete records from SSA and the VA Medical Center.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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