The Board has remanded the Veteran's claim for a VA opinion to determine if he had arthritis within one year of separation from service and whether any such arthritis manifested to a compensable degree within one year of separation. The examiner should also provide an opinion as to whether it is at least as likely as not that the Veteran's cervical spine disability was incurred in active service.
The deciding factor: The Board found that the January 2012 VA examiner did not comply with the remand directives and thus a new examination is needed.
- Claimed conditions
- cervical spine disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 15, 2012
- Citation
- 1235654
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 1235654.
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.
- Denied
The Board denied the claims of service connection for cervical spine and skin rash disabilities, finding that there is no evidence linking these conditions to active military service.
- Remanded (sent back)
The Board has decided to remand the claims for miscarriage, cervical spine disability, lumbar spine disability, and right elbow disability due to insufficient examination opinions and incomplete service history verification.
- Remanded (sent back)
The Board has decided to remand the claims for service connection for cervical and thoracolumbar spine disabilities due to a predecisional duty to assist error. The Veteran's past medical history needs to be considered in the new examination.
- Remanded (sent back)
The Board has remanded the Veteran's claims for sleep apnea and cervical spine disability due to potential service connection issues related to obesity, service-connected disabilities, and other factors.
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