The Board has remanded the Veteran's claims for cervical spine disability, obstructive sleep apnea (OSA), scar of the right anterior base of neck, radiculopathy of the left upper extremity, and radiculopathy of the right upper extremity as secondary to service-connected lumbar spine disability. The remand requires additional opinions regarding whether these conditions are aggravated by the service-connected lumbar spine disability.
The deciding factor: The Board found that the cervical spine disability is not service connected due to injury sustained in service, and thus cannot be granted on a secondary basis.
- Claimed conditions
- Cervical spine disability, Obstructive sleep apnea (OSA), Scar of the right anterior base of neck, Radiculopathy of the left upper extremity, Radiculopathy of the right upper extremity
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- July 2, 2019
- Citation
- 19150691
Veterans Law Judge
Decisions by this judge: 2,776 · Granted: 24% (granted or partly granted, in the indexed 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. Read the original VA decision (opens in a new tab) using citation 19150691.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Granted
The Board has granted service connection for gastroesophageal reflux disease (GERD) and obstructive sleep apnea (OSA), finding that both conditions are secondary to the Veteran's service-connected lower back condition and sinusitis, respectively.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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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