The Veteran's appeal is being remanded for further development, including a new VA examination to assess the severity of his cervical spine disability and to determine if he has any gastrointestinal disabilities. The issues include seeking an increased rating for his cervical spine condition and determining whether his gastrointestinal symptoms are related to service-connected conditions.
The deciding factor: The Veteran's appeal requires additional evidence and development due to inconsistencies in diagnoses and treatment records, necessitating a new examination to clarify the current severity of his cervical spine disability and to determine if he has any gastrointestinal disabilities that may be secondary to his service-connected conditions.
- Claimed conditions
- cervical degenerative joint disease of the cervical spine, gastroesophageal reflux disease (GERD), gastritis
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 3, 2010
- Citation
- 1016214
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 1016214.
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 Board has remanded the case due to unclear evidence regarding the diagnosis of gastritis and its relation to service. The Veteran needs to provide records, and a VA examiner will review his medical history and determine if gastritis is related to his military service or any other conditions.
- Denied
The Board denied service connection for various conditions, including right shoulder disability, abdominal hernia, GERD, bilateral ankle disabilities, and bilateral foot disabilities. The evidence did not support a finding that these conditions were incurred or aggravated during the appellant's period of active duty.
- Remanded (sent back)
The Board has denied service connection for sinusitis and remanded the Veteran's claims for chronic lower back pain, right knee pain, left knee pain, neck pain, and GERD.
- Granted
The Board has granted service connection for left lower extremity radiculopathy and denied the claims for right knee disability, erectile dysfunction, GERD, sleep apnea, and hypertension. The decision is remanded for further action on these issues.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.