The Board has remanded three issues related to increased ratings for cervical spine arthritis and peripheral neuropathy of the lower extremities due to a lack of consideration of VA treatment records, including those from a neurology appointment.
The deciding factor: The decision was remanded because the AOJ did not consider updated VA treatment records, particularly neurological impairment associated with the Veteran's cervical spine disability as part of his initial increased rating claim.
- Claimed conditions
- Degenerative Traumatic Arthritis of the Cervical Spine, Peripheral Neuropathy of the Left Lower Extremity, Peripheral Neuropathy of the Right Lower Extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 24, 2019
- Citation
- 19149055
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 has denied service connection for PTSD, type II diabetes mellitus, diabetic nephropathy (chronic kidney disease), peripheral neuropathy of the right and left upper and lower extremities, varicose veins (PVD) of the right and left leg, and degenerative arthritis as there is no evidence to support a current diagnosis or that these conditions are related to service.
- Remanded (sent back)
The Board remands the claims for service connection for ischemic heart disease, hypertension, diabetes mellitus type II, and peripheral neuropathy of both upper and lower extremities due to further development needed.
- Partly granted
The Veteran's anemia is granted as secondary to his service-connected diabetic nephropathy. The initial evaluation for diabetic nephropathy was increased from 60% to 80% and then to 100%, effective November 14, 2022, and July 20, 2023, respectively. The Veteran's diabetes mellitus is denied an increase in rating.
- Remanded (sent back)
The Board has remanded the Veteran's claims for increased disability evaluations and TDIU due to incomplete development, including failure to obtain VA examinations. The appeals are being returned to the AOJ for further action.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.