The Board has remanded the Veteran's claims for increased ratings and service connection due to inadequate VA examinations in previous decisions. The Veteran is also being asked to provide information regarding flare-ups of his disabilities.
The deciding factor: The Board found that the previous VA examinations were inadequate and ordered a new examination to comply with court rulings.
- Claimed conditions
- Degenerative arthritis of the cervical spine, Chondromalacia patella of the left knee, Left upper extremity radiculopathy, Right upper extremity radiculopathy, Persistent depressive disorder with anxious stress
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 13, 2018
- Citation
- 18157700
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 18157700.
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.
- Partly granted
The Board granted an initial disability rating of 30 percent for degenerative arthritis of the cervical spine but denied a total disability rating based on individual unemployability (TDIU).
- Partly granted
The Veteran's cervical spine disability is granted a 30 percent rating, while the lumbar and lower extremity radiculopathy claims are denied. An earlier effective date for right lower extremity radiculopathy was granted, and TDIU based on single service-connected disability is remanded.
- Partly granted
The Board granted service connection for a separate 50 percent initial rating for insomnia as secondary to tinnitus, and denied an increased rating for tinnitus. The Board also granted service connection for headache disability, low back disability, left lower extremity radiculopathy, cervical spine disability, and right upper extremity radiculopathy.
- Remanded (sent back)
The Board remands the appeal for additional development, including a retrospective opinion regarding range of motion during flare-ups and requesting evidence pertaining to the Veteran's annual income prior to January 2010.
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