The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and Social Security Administration (SSA) disability benefits records. An additional VA examination will be conducted to assess the current severity of his cervical spine disability, specifically whether he has a current diagnosis of right upper extremity radiculopathy.
The deciding factor: The Veteran's testimony suggests that his disability may have worsened and an additional examination is needed to determine if he currently has a diagnosis of right upper extremity radiculopathy.
- Claimed conditions
- cervical spine fusion, right arm radicular pain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 9, 2018
- Citation
- 1801017
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 1801017.
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 Veteran's service-connected disabilities rendered him unable to obtain and maintain substantially gainful employment, warranting a TDIU.
- Remanded (sent back)
The Board remands the claims for service connection and TDIU due to unverified periods of active duty for training (ADT) and inactive duty for training (IDT), as well as a lack of complete service treatment records.
- Remanded (sent back)
The Board remands the claim for service connection for cervical spine fusion due to missing evidence and an improperly filed initial claim.
- Granted
The Veteran's claim for compensation under 38 U.S.C. § 1151 for residuals of cervical spine surgery, cervical canal stenosis, and cervical spine fusion is granted due to the presence of additional disability caused by VA treatment without proper informed consent.
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