The Veteran's cervical spine disability and associated weakness are being remanded for additional development, including a new VA examination to determine the etiology of these conditions.
The deciding factor: The Board requested a new VA examination to address whether the Veteran's current cervical spine disability is related to his military service or if it resulted from arthritis or another degenerative condition. The examiner must also provide an opinion on whether any currently-diagnosed right upper and lower extremity weakness are secondary to the cervical spine disorder.
- Claimed conditions
- cervical spine myelopathy with disc herniation, status-post discectomy with fusion, C4-5 and C 5-6, right upper extremity weakness, right lower extremity weakness
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 15, 2013
- Citation
- 1301633
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 1301633.
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 service-connected disabilities do not meet the criteria for eligibility to an allowance for an automobile and/or other conveyance or adaptive equipment.
- Partly granted
The Board denied a rating in excess of 40 percent for myasthenia gravis with ptosis and remanded the ratings for avascular necrosis, hip flexion limitations, and lower extremity weakness.
- Remanded (sent back)
The Board remands the claims for an increased disability rating for stroke and right upper extremity weakness to correct a pre-decisional duty-to-assist error.
- Partly granted
The Board granted service connection for several conditions effective April 16, 2007, but no earlier, and denied a rating in excess of 30 percent for constipation. SMC based on the need for aid and attendance was granted from August 30, 2013.
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