The Veteran's claims for increased ratings for intervertebral disc syndrome of the cervical spine and Muscle Group XVIII, claimed as pelvic rotation associated with soft tissue lacerations right foot and heel with residual pes planus are being remanded due to the need for additional examinations to assess the severity of his disabilities.
The deciding factor: The VA examinations did not take into account flare-ups and repetitive use, which were required by previous court decisions (Sharp v. Shulkin, Correia v. McDonald).
- Claimed conditions
- Intervertebral disc syndrome of the cervical spine, Muscle Group XVIII, claimed as pelvic rotation associated with soft tissue lacerations right foot and heel with residual pes planus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 3, 2019
- Citation
- 19134610
Veterans Law Judge
Decisions by this judge: 1,836 · Granted: 31% (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 19134610.
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.
- Dismissed
The Veteran's appeal for reducing his disability ratings for cervical spine conditions has been withdrawn by the Veteran's representative.
- Granted
The Veteran's degenerative arthritis and intervertebral disc syndrome of the cervical spine are granted as service connected due to continuity of symptoms since service.,The Veteran's skin cancer, including squamous cell carcinoma and basal cell carcinoma, is granted as service connected based on presumed exposure to burn pits during his service in the Persian Gulf.
- Remanded (sent back)
The Board remands the claims for an earlier effective date as it failed to consider new and material evidence submitted within one year of a July 2011 rating decision.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to new evidence and a need for additional medical opinions.
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