The Veteran seeks service connection for a cervical spine disorder that he claims was aggravated by an in-service injury. The Board finds the case should be remanded to obtain clarification on whether the pre-existing condition existed prior to service and if it was aggravated during service.
The deciding factor: The examiner must review the evidence, including the Veteran's lay statements regarding his in-service fall, and determine if there is clear and unmistakable evidence that the cervical spine disorder existed prior to service or was not aggravated by service.
- Claimed conditions
- cervical spine disorder
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 13, 2015
- Citation
- 1543691
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 1543691.
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.
- Granted
The Board has granted service connection for a cervical spine disorder, finding that the Veteran's current condition is at least as likely as not related to his active military service.
- Granted
The Board has granted service connection for the cause of the Veteran's death, finding that side effects from prescribed medications contributed substantially and materially to his accidental motorcycle collision resulting in fatal injuries.
- Dismissed
The Veteran's appeals to service connection for obstructive sleep apnea, shin splints of the right and left lower extremities, multiple sclerosis (MS), thoracolumbar spine disorder, cervical spine disorder, left elbow disorder, left knee disorder, migraine headaches, and right knee disorder are dismissed.
- Dismissed
The appeal for service connection of a bilateral foot disorder is dismissed. The appeals for service connection of OSA, cervical spine disorder, left shoulder disorder, right shoulder disorder, left elbow disorder, right elbow disorder, right hip disorder, left hip disorder, and right ankle disorder are remanded.
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