The Veteran's appeal is being remanded due to the need for a new VA spine examination and consideration of his TDIU claim.
The deciding factor: The previous examinations are more than four years old, and there is no indication that they adequately assessed the current severity of the Veteran's cervical spine disability. Additionally, the Veteran has indicated that his service-connected disabilities have prevented him from working during the appeal period, necessitating consideration of his TDIU claim.
- Claimed conditions
- Degenerative disc and joint disease of the cervical spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 9, 2018
- Citation
- 1801083
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 1801083.
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.
- Denied
The Veteran's claim for VR&E benefits was denied because she did not have an employment handicap and was able to obtain suitable employment consistent with her abilities, aptitudes, and interests.
- Remanded (sent back)
The Veteran's appeal is remanded for the VA to attempt to obtain medical records from Dr. Choi at Garden Way, as requested in his November 2021 VA examination.
- Granted
The Board has restored the Veteran's 20 percent rating for cervical spine disability, finding that the reduction from 20 to 10 percent was improper due to insufficient evidence of material improvement under the ordinary conditions of life.
- Remanded (sent back)
The Veteran's claims for increased ratings on multiple disabilities are being remanded due to the need for additional VA and private treatment records.
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