The Veteran's cervical spine disability and radiculopathy of the upper extremities have not met the criteria for higher ratings, with some issues remanded for further evaluation.
The deciding factor: The VA examinations did not meet the requirements set forth in Correia v. McDonald (2016) due to lack of range of motion testing under active and passive motions, weight-bearing, and non-weight bearing conditions.
- Claimed conditions
- Cervical Spine Strain with Degenerative Disc Disease/Osteoarthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 31, 2019
- Citation
- 19107312
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 obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
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- Remanded (sent back)
The Board remands the claim for a rating in excess of 70 percent for PTSD due to an inadequate medical opinion.
- Granted
The Board granted service connection for myasthenia gravis based on the Veteran's exposure to hazardous substances during his military service.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.