The Veteran's neck disability is currently rated at 20 percent, and the Board has ordered a remand to ensure proper examination for range of motion testing.
The deciding factor: The VA examination did not comply with the requirements set forth in Correia v. McDonald (28 Vet. App. 158) which mandates specific range of motion testing including passive motion, weight-bearing and non-weight bearing, and consideration of flare-ups.
- Claimed conditions
- Degenerative disc disease of the cervical spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 2, 2018
- Citation
- 18140158
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 18140158.
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 granted service connection for degenerative disc disease of the cervical spine, left shoulder strain, and osteoarthritis of the left hip status post left hip replacement based on a nexus to the Veteran's military service as a Navy SEAL.
- Granted
The Board granted service connection for degenerative disc disease of the cervical spine, left and right upper extremity radiculopathy, as secondary to a service-connected lower back disability.
- Granted
The Board granted service connection for degenerative disc disease of the cervical spine and carpal tunnel syndrome based on continuity of symptomatology since separation from service.
- Remanded (sent back)
The Board remands the claims for an increased rating in excess of 20 percent for degenerative disc disease of the cervical spine and entitlement to TDIU due to the need for a medical opinion on whether the Veteran's symptoms amount to functional ankylosis.
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