The Board has remanded the case for additional development, including obtaining private and Social Security Administration (SSA) records. The Veteran's claim to reopen a service connection claim for cervical spine injury residuals is pending.
The deciding factor: The VA Regional Office requested necessary release forms for the Veteran's treatment records from Cleveland Clinic but did not obtain them. Additionally, they failed to request SSA records related to the Veteran's early retirement and receipt of SSA benefits due to neck pain.
- Claimed conditions
- residuals of a cervical spine injury
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 26, 2009
- Citation
- 0931988
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 0931988.
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.
- Dismissed
The appeal for service connection for posttraumatic stress disorder was dismissed as the issue is moot due to a full grant of benefits. The claims for increased ratings and service connection for other conditions were remanded for further development.
- Remanded (sent back)
The Board remands the claim for service connection of residuals of a cervical spine injury due to an inadequate medical opinion.
- Remanded (sent back)
The Board has decided to remand the case due to missing service treatment records and the Veteran's credible testimony of an inservice injury. The claim will be returned for further development, including obtaining medical opinions.
- Dismissed
The Board has dismissed the Veteran's appeals for service connection on all four issues due to his death.
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