The Board has remanded the case for additional development due to inadequate discussion of continuity of symptomatology in the Veteran's cervical spine injury residuals claim.
The deciding factor: The Federal Circuit found that a 'continuity of symptomatology' as specified in 38 C.F.R. § 3.303(b) affords an alternative route to service connection only for specific chronic diseases set forth in 38 C.F.R. § 3.309, and thus the Veteran's claim must be remanded for further examination.
- Claimed conditions
- cervical spine injury residuals
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 24, 2013
- Citation
- 1323610
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 1323610.
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 Board has remanded the claims for cervical spine injury residuals, lumbar spine disability, right lower extremity varicose veins, left lower extremity varicose veins, bronchitis, and bilateral hearing loss due to incomplete service treatment records from the Veteran's National Guard and Reserve periods of service. The claims will be readjudicated after these records are obtained.
- Remanded (sent back)
The Board has remanded several claims related to the Veteran's service connection, including for cervical spine injury residuals, lumbar spine disability, right and left lower extremity varicose veins, bronchitis, left knee disability, bilateral hearing loss, and a right knee disability. The issues also include reopening of these claims based on new evidence.
- Granted
The Veteran's service-connected disabilities (insomnia, low back injury residuals, right upper extremity radiculopathy, cervical spine injury residuals, and tinnitus) meet the criteria for a total rating for compensation purposes based on individual unemployability due to service connected disabilities. The Veteran is also eligible for TDIU benefits.
- Granted
The Board has determined that new and material evidence has been received to reopen the claim for service connection for cervical spine injury residuals. The Veteran's current cervical spine disability is related to his military service.
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