The Veteran's claim for an increased evaluation in excess of 40 percent for his cervical spine disability has been remanded due to a failure to provide the appellant with proper notice and scheduling for a hearing.
The deciding factor: There was a request to reschedule the hearing prior to the scheduled date, which constitutes a prejudicial failure to provide due process of law.
- Claimed conditions
- degenerative joint disease (DJD) of the cervical spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 10, 2011
- Citation
- 1101076
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 1101076.
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 Veteran's appeal regarding TDIU is being remanded for further review. The issue of an increased rating for cervical spine DJD has not been properly appealed and will be considered separately.
- Remanded (sent back)
The Board has remanded several issues for further development, including the evaluation of DJD of the thoracolumbar and cervical spine, separate ratings for radiculopathy, service connection for migraine headaches as secondary to service-connected disabilities, and TDIU. The effective date issue remains pending.
- Remanded (sent back)
The Board has remanded the Veteran's claims for bilateral neuropathy of the upper extremities and cervical spine DJD due to inadequate compliance with previous remand directives. The VA examinations did not fully address whether the Veteran's conditions are related to service or caused by his service-connected right shoulder condition.
- Remanded (sent back)
The Veteran's claims for service connection of a left shoulder disability, increased rating for headaches and cervical spine disability are remanded. The initial rating claim for right shoulder tendinopathy/tendinosis remains denied.
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