The Board has remanded the case for clarification of VA examination opinions and further development.
The deciding factor: Clarification is needed from the November 2010 VA examiner regarding the significance of a slight change in curvature noted on a 1981 X-ray report, as well as the lack of complaints during an unspecified period between 1985-89. The examiner should also address whether there is clear and unmistakable evidence that the Veteran's current cervical spine disability was permanently aggravated in service.
- Claimed conditions
- cervical sprain with ruptured discs at C3-4 and C4-5, status post cervical fusions
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 8, 2014
- Citation
- 1444852
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 1444852.
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 ordered a remand to obtain an addendum from the November 2010 VA examiner regarding whether the Veteran's cervical spine disability is more likely, less likely or at least as likely as not aggravated by his July 1981 ACDUTRA injury.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
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