The Veteran seeks an increased rating for his cervical spine disability and a TDIU. The case is being remanded to obtain updated VA treatment records, schedule the Veteran with a VA examination, and consider whether he is unemployable due to his service-connected disabilities.
The deciding factor: The Veteran's testimony indicates there may have been a material change in condition since the last VA examination, and he raised the issue of entitlement to TDIU. These issues require further development and consideration.
- Claimed conditions
- discogenic disease of the cervical spine, degenerative changes C3-C7
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 28, 2011
- Citation
- 1140169
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 1140169.
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 headaches are found to be proximately due to her service-connected cervical spine discogenic disease, and thus she is granted service connection for this condition.
- Remanded (sent back)
The veteran's claim for an increased disability rating for the residuals of a cervical spine injury is being remanded to allow for further development, including obtaining medical records and scheduling a VA examination.
- Denied
The veteran's claim for special monthly pension based on need for regular aid and attendance or being housebound was denied due to his current disability rating of 100% for schizophrenia, which does not meet the criteria for additional disabilities independently ratable at 60%, nor is he substantially confined to his home.
- 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.
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