The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional examinations and consideration of new evidence.
The deciding factor: Additional medical examination is required to assess the current severity of the Veteran’s cervical spine disability, including flare-ups and functional loss. New evidence must be obtained from the Veteran regarding opinions authored by Drs. S.B. and H.S., as well as a Social Security Earnings Report.
- Claimed conditions
- Spasmodic torticollis with degenerative joint and disc disease, cervical spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 16, 2019
- Citation
- 19129055
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.
- Denied
The Board denied service connection for multiple conditions, including cervical spine, chronic fatigue, and various nerve damages, as the evidence did not support a finding of a current disability related to in-service events.
- Granted
The Board granted a 10 percent disability rating for the Veteran's service-connected cervical spine, finding that there was functional loss due to pain causing additional disability beyond that reflected on range of motion measurements.
- Remanded (sent back)
The Board remands the claims for service connection for cervical spine, left elbow, and left foot to correct a duty to assist error that occurred prior to the March 2024 decision on appeal.
- Remanded (sent back)
The Board remands the claim for service connection for cervical spine to correct a duty to assist error that occurred prior to the July 2021 rating decision.
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