The Veteran's claim for an increased evaluation of his service-connected C5-6 cervical ankylosis, status post vertebrae compression fracture is being remanded due to the need for additional development including a VA examination and consideration of whether there was clear and unmistakable error in the November 1989 rating decision.
The deciding factor: The claim requires further development as it involves determining if there are currently demonstrable deformities of the vertebral body, which may affect the evaluation.
- Claimed conditions
- C5-6 cervical ankylosis, status post vertebrae compression fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 8, 2010
- Citation
- 1042046
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 1042046.
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.
- Granted
The Veteran's claim for a disability rating in excess of 30 percent for his service-connected C5-6 cervical ankylosis, status post vertebrae compression fracture was granted effective December 2, 2010.
- 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.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
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