The Veteran's claim for a higher rating for his service-connected cervical spine disability is being remanded due to the need for additional medical examination and consideration of new evidence.
The deciding factor: The Veteran has provided testimony indicating that his symptoms have worsened, necessitating an updated VA examination to assess current severity.
- Claimed conditions
- cervical stenosis, spondylosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 21, 2012
- Citation
- 1239953
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 1239953.
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 Veteran's claims for higher ratings for intervertebral disc syndrome and left lower extremity radiculopathy were denied as his conditions did not meet the criteria for a rating in excess of 20 percent.
- Remanded (sent back)
The Board has remanded the case due to a lack of evidence regarding the etiology of the Veteran's cervical spine disorder and an incomplete record of chiropractic care. The Veteran is requested to provide or authorize VA to obtain his treatment records from chiropractors, and an addendum opinion will be provided by a VA examiner.
- Granted
The Board has granted service connection for the Veteran's lumbar spine discogenic disease status post surgery, spondylosis, and facet arthropathy as secondary to his service-connected right ankle disability. The SMC claim is remanded due to a duty-to-assist error.
- Granted
The Veteran is granted an effective date of June 22, 2019 for the award of special monthly compensation (SMC) based on the need for regular aid and attendance due to his service-connected 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.