The Veteran's appeal is remanded for further development, including a neurological examination to determine if he has any service-connected cervical spine disability-related neurological symptoms.
The deciding factor: The Veteran failed to report for the scheduled neurological examination and remains incarcerated. The case must be returned to the Board for further review after additional development.
- Claimed conditions
- cervical neck sprain with traumatic arthritis, demonstrable deformity of a vertebral body
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 14, 2010
- Citation
- 1034571
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 1034571.
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 found that the veteran's urinary incontinence did not manifest during service and is not related to his lumbosacral spine disability. The claim for an increased rating of the lumbosacral spine disability was also remanded.
- Granted
The veteran's post-traumatic degenerative disc disease of the lumbar spine, with a demonstrable deformity of a vertebral body, is now rated at 20 percent.
- Granted
The Board has determined that the veteran's service-connected chronic lumbosacral strain warrants a 40 percent evaluation, which is the maximum schedular rating available under Diagnostic Codes 5289, 5292, and 5293. The veteran also received a separate 10 percent rating for demonstrable deformity of a vertebral body. No higher ratings are warranted based on the evidence provided.
- 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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