The Board has remanded the case due to insufficient evidence regarding the severity of the Veteran's cervical spine disability during flare-ups.
The deciding factor: The examination did not provide sufficient information on the extent of functional loss during flare-ups as requested by the Court.
- Claimed conditions
- Degenerative arthritis of the cervical spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 27, 2018
- Citation
- 18160351
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 18160351.
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.
- Remanded (sent back)
The Board remands the claims for an initial rating in excess of 10 percent for degenerative arthritis of the cervical spine and entitlement to total disability based on individual unemployability (TDIU) due to a pre-decisional duty to assist error.
- Remanded (sent back)
The Board remands the claim for a new VA examination to address whether the Veteran's degenerative arthritis of the cervical spine is secondary to his service-connected right shoulder disability.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.