The Veteran's appeal is being remanded to the RO for additional development, including a VA examination and obtaining outstanding medical records. The claims for increased rating of cervical strain and TDIU are within the Board's jurisdiction.
The deciding factor: The Veteran has not been provided with an opportunity to file a formal claim for a TDIU due to service-connected cervical spine disability, and there is insufficient evidence regarding his employability due to this condition. Additionally, a more contemporaneous examination of the cervical spine is needed to evaluate its current severity.
- Claimed conditions
- cervical strain, residual myalgia, degenerative joint disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- July 16, 2013
- Citation
- 1322576
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. Read the original VA decision (opens in a new tab) using citation 1322576.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Denied
The Veteran's claim for an evaluation in excess of 40 percent for his lumbar spine disability has been denied. The Board found that the evidence did not meet the criteria for a higher rating, as there was no unfavorable ankylosis or incapacitating episodes of IVDS.
- Whole decision: Granted
The Veteran's service connection claims for various conditions were granted effective from July 1, 2020.
- Whole decision: Dismissed
The Veteran's appeals for service connection were dismissed due to a procedural defect in filing the claims on the correct form.
- Whole decision: Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for migraine headaches and cervical strain due to a duty to assist error. The AOJ failed to obtain VA medical opinions addressing the etiology of these disabilities.
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