The Board has granted a 30% rating for the Veteran's cervical spine strain from August 25, 2016. The remaining issues of increased ratings and separate ratings for radiculopathy are remanded due to lack of recent VA examination.
The deciding factor: Recent VA examinations have not been conducted in over a year, which is insufficient for assessing the current severity of the Veteran's conditions.
- Claimed conditions
- Cervical Spine Strain, Degenerative Arthritis of Lumbar Spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 7, 2019
- Citation
- 19109985
Veterans Law Judge
Decisions by this judge: 1,614 · Granted: 35% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19109985.
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.
- Remanded (sent back)
The Board has determined that the decision on appeal is legally inadequate due to insufficient notification and an inadequately supported medical opinion. The case is being remanded for further action.
- Remanded (sent back)
The Board has remanded the Veteran's claims for increased ratings for his lumbar spine disability and TDIU due to procedural errors in the duty to assist.
- Remanded (sent back)
The Veteran's service-connected cervical spine, bilateral shoulder, and right ankle disabilities are remanded for further evaluation. The Veteran also has claims for increased ratings for tension headaches and sinusitis, which are also remanded.
- Granted
The Board has granted a 40 percent rating from September 28, 2019 for the Veteran's service-connected intervertebral disc syndrome with disc herniation L3-S1, status post discectomy L3-4 and L4-5. The other conditions have been rated based on their direct service connection.
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