The Veteran's left shoulder and cervical spine disabilities are to be re-evaluated as the initial rating decisions were not clear on this point.
The deciding factor: The previous ratings did not specify whether these conditions were service-connected based on direct evidence or other theories of entitlement.
- Claimed conditions
- Left quadricep muscle partial rupture, Arthritis of the cervical spine with limitation of motion, Cervical radiculopathy of the left upper extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 9, 2019
- Citation
- 19127572
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 earlier effective dates for the service connection of cervical radiculopathy of both upper extremities, but denied earlier effective dates for degenerative arthritis and intervertebral disc syndrome of the cervical spine, headaches, and TBI.
- Partly granted
The Board granted a 40 percent rating for cervical radiculopathy of the right upper extremity and a 30 percent rating for cervical radiculopathy of the left upper extremity, but denied an increased rating for the cervical spine disability.
- Remanded (sent back)
The Board has remanded the Veteran's claims due to inadequate reasons and bases for denying higher disability ratings, particularly regarding his cervical spine disability and left upper extremity radiculopathy. The case is now pending further development.
- Granted
The Veteran's cervical radiculopathy of the left upper extremity is rated as 20 percent disabling, and his degenerative disc disease of the cervical spine does not warrant a rating in excess of 20 percent.
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