The Veteran's appeal is being remanded to obtain additional VA treatment records and medical opinions regarding the nature of his injuries and whether timely medical attention would have been hazardous. The claims will be reconsidered based on this new evidence.
The deciding factor: The Board requires further clarification from VA physicians and administrators regarding the nature of the Veteran's injuries and whether timely medical attention would have been hazardous, as well as an assessment of the availability of VA facilities for treatment.
- Claimed conditions
- Cervical spine fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 23, 2012
- Citation
- 1202440
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 1202440.
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 was previously rated at 30 percent prior to July 15, 2017. The claim for an increased rating in excess of 30 percent is denied.,From September 17, 2017, to June 15, 2018, the Veteran's cervical spine disability was rated at 40 percent. A remand is ordered as there are issues with obtaining medical records and reopening a claim for service connection of IBS.,The petition to reopen the claim for service connection of irritable bowel syndrome (IBS) is remanded due to outstanding VA treatment records.
- Granted
The Veteran's claim for service connection was reopened, and the Board found that new evidence raised a reasonable possibility of substantiating his claims. However, the Board denied all service connection claims due to lack of evidence showing a nexus between current disabilities and service.
- Granted
The Board has granted service connection for the veteran's residuals of fractured left ankle and lumbar spine degenerative disc disease with bilateral lower extremity radiculopathy and right leg shortening, but denied service connection for a cervical spine fracture. The decision is based on new evidence received since previous decisions.
- Remanded (sent back)
The Board has remanded the Veteran's claims for cervical spine fracture and fractured ribs, finding that additional medical opinions are needed to address the etiology of these conditions in relation to his service-connected knee disabilities.
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.