The Veteran's appeal is remanded for additional development, including a new VA examination and opinion to address the evidence of record regarding his service-connected cervical spine disability and LUE neurologic disorder.
The deciding factor: The current medical records do not provide sufficient information to determine if the Veteran’s LUE neurologic disorder is secondary to his service-connected cervical spine disability or if he has a separate LUE neurologic disorder that warrants service connection. Additionally, the VA examination report for the cervical spine disability does not adequately address the functional effects of flare-ups.
- Claimed conditions
- Degenerative joint and disc disease, cervical spine fracture, C6, status-post fusion (cervical spine disability), Tension headaches, LUE neurologic disorder
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 17, 2019
- Citation
- 19129544
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 the veteran's claims for increased ratings for various disabilities, including lumbar spine degenerative arthritis, radiculopathy of both femoral and sciatic nerves, tension headaches, residual scarring, and PTSD.
- Remanded (sent back)
The Board remands the claims for readjudication due to new and relevant evidence being submitted since the previous denial.
- Remanded (sent back)
The Board remands the issues of entitlement to service connection for essential left-hand tremors, essential right-hand tremors, restless left leg syndrome, restless right leg syndrome, and tension headaches as further development is needed.
- Remanded (sent back)
The Board remanded several claims for further development and readjudication, including service connection for OSA and hypertension, as well as increased ratings for right wrist sprain, MDD, tension headaches, and other musculoskeletal conditions.
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