The Veteran's appeal involves three separate issues: a claim for an increased rating for cervical spine disability, a claim for scars from surgery, and a request to reopen his right ankle sprain claim. The Board has referred these claims back to the RO for further development.
The deciding factor: The claims involve medical determinations regarding service connection and disability ratings that require additional examination and opinion.
- Claimed conditions
- Degenerative arthritis of the cervical spine, Right shoulder disability, Neurologic impairment of the right upper extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 15, 2010
- Citation
- 1026390
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 1026390.
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.
- Denied
The Board denied the Veteran's appeal for increased ratings for right and left shoulder disabilities, as the evidence did not support a higher rating under applicable criteria.
- Remanded (sent back)
The appeal for service connection for lumbosacral strain was dismissed, and the claims for service connection for a right shoulder disability, cervical radiculopathy (left and right) were remanded for further development.
- Partly granted
The Board granted an initial disability rating of 30 percent for degenerative arthritis of the cervical spine but denied a total disability rating based on individual unemployability (TDIU).
- Partly granted
The Board granted service connection for a right knee disability and PTSD, remanded several claims including those for a left knee disability, right shoulder disability, hypertension, craniomandibular disorder, and a compensable rating for residuals of a right femur fracture.
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.