The Board has determined that new and material evidence has been received to reopen the claim for service connection for a cervical spine disability, including as secondary to service-connected lumbar strain. The case is being remanded for further development.
The deciding factor: New and material evidence was submitted since the most recent final September 2015 rating decision which relates to an unsubstantiated issue necessary to substantiate the claim for service connection for a cervical spine disability, raising a reasonable possibility of substantiating the claim.
- Claimed conditions
- Cervical degenerative disc disease, Cervical degenerative joint disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 1, 2019
- Citation
- 19124098
Veterans Law Judge
Decisions by this judge: 2,374 · Granted: 19% (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 19124098.
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 cervical spine disability, including right and left upper extremity radiculopathies, is granted as service connected. The issues of right and left upper extremity radiculopathy are remanded for further examination.
- Remanded (sent back)
The Veteran's appeal is remanded due to inconsistencies in the medical evidence regarding her arm symptoms and radiculopathy. The VA will obtain a report of the May 2024 nerve conduction study and schedule an examination to determine if she has a right and/or left arm disability, including radiculopathy, that is related to her cervical spine disability.
- Granted
The Veteran's PTSD was granted a total disability rating from August 22, 2019, and special monthly compensation at the housebound rate from September 30, 2019. The Veteran is also granted individual unemployability based on service-connected disabilities from December 1, 2013.
- Partly granted
The Board granted service connection for PTSD, cervical degenerative disc disease, lumbar spine degenerative disc disease, and radiculopathies of the upper and lower extremities. A 30 percent rating was also granted for vertigo associated with TBI.
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