The VA examiner found that the current examination for the cervical spine disability did not contain the required findings, and thus a new examination is needed to assess the severity of the condition.
The deciding factor: The examination was insufficient due to missing range of motion findings as per Correia v. McDonald (2016) and Sharp v. Shulkin (2017).
- Claimed conditions
- degenerative joint and disc disease of the cervical spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 15, 2018
- Citation
- 18150691
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 18150691.
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 require regular aid and attendance of another person from October 26, 2017 through March 11, 2019 due to his inability to perform daily activities.
- Granted
The Veteran was granted a total disability rating based on individual unemployability due to service-connected disabilities effective October 27, 2012. The decision is mixed as some issues were granted and others not.
- Denied
The Veteran's degenerative joint and disc disease of the cervical spine, claimed as chronic neck pain, is denied because there is no evidence that it began during service or is related to an in-service injury.
- Remanded (sent back)
The Board has decided that the case should be remanded for additional development, including obtaining VA treatment records and a copy of the chiropractor's letter. The intertwined issue of whether new and material evidence was received to reopen the previously denied claim for service connection for degenerative joint and disc disease of the cervical spine is also referred back to the AOJ.
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