The Veteran's claims for increased ratings for status-post fusion of C5-C6 and bilateral upper extremity radiculopathy are being remanded to the RO/AMC for consideration on an extraschedular basis.
The deciding factor: The Board instructed that the Veteran be provided notice regarding the evidence needed to substantiate a claim for an extraschedular rating under 38 C.F.R. § 3.321(b).
- Claimed conditions
- status-post fusion of C5-C6, cervical radiculopathy, left upper extremity, cervical radiculopathy, right upper extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 6, 2012
- Citation
- 1238001
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 1238001.
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 appeal for service connection on multiple issues related to his neck, arm, and hand conditions is being remanded due to the need for additional medical opinions. The claims will be reconsidered after these examinations.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for cervical radiculopathy, left upper extremity; chronic left lower extremity sciatica injury with pain; chronic right lower extremity sciatica injury with pain; and eczema, bilateral legs. The issues are being returned due to inadequate medical opinions regarding the etiology of these conditions.
- Remanded (sent back)
The Board has remanded the Veteran's claims due to errors in obtaining relevant medical records and potential TERA development. The Veteran is also asked to provide additional information regarding his hypertension.
- Partly granted
The Board granted service connection for bilateral cervical radiculopathy as secondary to the Veteran's service-connected cervical spine degenerative joint disease.
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