The Board has determined that the claims must be remanded again for compliance with its prior remand directives due to inadequate examination findings regarding potential additional functional loss during flare-ups of the Veteran's neck and back disabilities.
The deciding factor: The VA examiner did not provide adequate information regarding the Veteran’s flare-ups and their impact on his range of motion, as required by previous Board decisions.
- Claimed conditions
- Cervical spine degenerative disc disease (DDD), Thoracolumbar spine DDD, Left upper extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 2, 2019
- Citation
- 19151408
Veterans Law Judge
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 19151408.
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 claim for service connection for a cervical spine disability with left upper extremity radiculopathy, finding that there was no evidence of an in-service injury or chronic condition. The Board concluded that the Veteran did not meet the criteria for direct service connection.
- Granted
The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation, and the Board has granted a total disability rating based on individual unemployability.
- Granted
The Veteran's claim for special monthly compensation based on the need for regular aid and attendance due to service-connected disabilities has been granted. The Board found that the Veteran requires assistance with eating, dressing, hygiene needs, medication management, housekeeping, meal preparation, and laundry.
- Dismissed
The Board has dismissed the Veteran's appeals for earlier effective dates on all issues related to his service-connected conditions.
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