The Board has determined that additional development is necessary to determine the etiology of the Veteran's cervical spine disability and whether his current weakness is secondary to his service-connected cervical spine condition. The case will be remanded for further action.
The deciding factor: The Veteran contends that his cervical spine disability resulted from a traumatic injury during INACDUTRA, but there is no evidence in the record supporting this claim. The Board finds it necessary to obtain updated VA and private treatment records and schedule the Veteran with an appropriate clinician for a VA examination to determine the etiology of his current cervical spine condition.
- Claimed conditions
- cervical spine myelopathy with disc herniation, status-post discectomy with fusion, C4-5 and C 5-6, right upper extension and right lower extension weakness
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 1, 2011
- Citation
- 1132174
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 1132174.
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 cervical spine disability and associated weakness are being remanded for additional development, including a new VA examination to determine the etiology of these conditions.
- 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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