The Board has decided that the reduction of the rating for cervical spine disability from 20 percent to 10 percent, effective March 1, 2011 was not proper and restoration of 20 percent evaluation is granted. The low back condition and right shoulder disability issues are remanded.
The deciding factor: The evidence does not reflect actual improvement in the Veteran’s cervical spine disability under ordinary conditions of life and work.
- Claimed conditions
- Cervical spine disability, Low back condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 16, 2019
- Citation
- 19137869
Veterans Law Judge
Decisions by this judge: 2,084 · Granted: 20% (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 19137869.
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 Veteran's service-connected cervical spine disability is rated at 20 percent, the maximum rating available under the General Formula for Diseases and Injuries of the Spine. The evidence does not support a higher rating as his range of motion did not meet the criteria for an increased rating.
- Granted
The Board has granted service connection for a low back condition and right shoulder rotator cuff strain, finding that the Veteran's current conditions are at least as likely as not related to his military service.
- Remanded (sent back)
The Board has remanded the claims for service connection for brain cancer, low back disability, and cervical spine disability due to a pre-decisional error in failing to obtain a radiation dose estimate from the Under Secretary for Health. The Veteran's military service aboard USS ENTERPRISE is considered relevant to his exposure to ionizing radiation.
- Granted
The Veteran's cervical spine condition had its onset in service and has continued since then, meeting the criteria for service connection.
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