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 assigned
- None in this 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. Look up the original decision on VA.gov (opens in a new tab) using citation 1702392.
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 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.
- 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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