The Board is reopening the claim for service connection for a cervical spine disorder on the basis of new and material evidence. However, it is remanding this claim and the claim for a rating higher than 40 percent for the low back disability to the RO for further development.
The deciding factor: There is new and material evidence submitted since the October 2001 denial that suggests a possible connection between the Veteran's cervical spine disorder and his military service, including an injury sustained in a motor vehicle accident during service. The claim for a higher rating of the low back disability also requires additional medical examination to assess its severity and any associated functional loss.
- Claimed conditions
- Cervical Spine Disorder
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 7, 2011
- Citation
- 1133028
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 1133028.
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.
- Dismissed
The appeal for service connection for an acquired psychiatric disorder is dismissed as the Veteran was granted service connection effective from the date of his claim.,Service connection for bilateral tinnitus is denied.
- Granted
The Veteran's service-connected disabilities, including PTSD, left shoulder disorders, right shoulder disorder, cervical spine disorder, left ankle disorder, allergic rhinitis, and bilateral knee disorders, prevented him from securing or following substantially gainful employment consistent with his education and work history. The Board granted the TDIU claim based on these conditions.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to inadequate medical opinions provided in his VA examinations. The claims include tension headaches, a psychiatric disability (diagnosed as generalized anxiety disorder), a cervical spine disorder, hand tremors, a lumbosacral spine disorder, a gastrointestinal disorder, and residuals of a hydrocele.
- Dismissed
The appeal for PTSD is dismissed. The cervical spine and left middle finger disorders are remanded.
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