The Veteran's TDIU claim is being remanded due to the inadequacy of the VA examination and the need for an addendum opinion. The examiner should consider all evidence, including the SSA finding that the Veteran lacks functional capacity for sedentary work.
The deciding factor: The April 2010 VA examination report was inadequate as it did not discuss the impact of the newly service-connected left C6 radiculopathy on the Veteran's employability and failed to consider other relevant evidence, such as the SSA finding and Dr. D.Z.'s opinion from May 2007.
- Claimed conditions
- left C6 radiculopathy (sensory), thoracic and lumbar spondylosis with stenosis, degenerative arthritis of the cervical spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- June 23, 2011
- Citation
- 1124009
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 1124009.
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 service-connected disabilities, in combination, render him unable to secure or follow a substantially gainful occupation consistent with his education and work history.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for a right shoulder condition, cervical spine degenerative arthritis, and TBI residuals due to potential errors in obtaining necessary medical opinions.
- Dismissed
The Veteran's appeal for service connection for degenerative arthritis of the cervical spine is dismissed as it remains pending in a legacy system and no statement of the case has been issued.
- Granted
The Veteran's lumbar degenerative disc disease with IVDS is rated at 40 percent, effective as of the date of this decision.,The Veteran's degenerative arthritis of the cervical spine is rated at 30 percent, effective as of the date of this decision.
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.