The Board has remanded the case for a new VA examination to assess the severity of the Veteran's cervical spine disability. The issues on appeal will be readjudicated after this development.
The deciding factor: The Joint Motion for Remand (JMR) found that the Board had erred in relying upon a May 2014 VA examination, which was inadequate for rating purposes due to lack of description of functional loss during flare-ups. The JMR also noted unclearness regarding whether the Mitchell criteria were addressing additional functional loss resulting from flare-ups.
- Claimed conditions
- cervical spine arthritis with degenerative changes
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- January 27, 2017
- Citation
- 1702392
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 1702392.
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: Remanded (sent back)
The Board has remanded the Veteran's claim for an initial rating in excess of 30 percent from May 14, 2014 for cervical spine arthritis with degenerative changes due to inadequate examination and other issues.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.