The Board has remanded the case due to an inadequate May 2010 VA examination report, which did not consider the impact of flare-ups on the Veteran's cervical spine disability. The examiner failed to quantify any additional degree of motion lost due to flares.
The deciding factor: The Board found that the May 2010 VA examination report inadequately addressed the Veteran’s reported history of functional loss due to flare-ups, as required by case law and VA guidelines.
- Claimed conditions
- Degenerative disc cervical spine disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 9, 2019
- Citation
- 19153129
Veterans Law Judge
Decisions by this judge: 1,861 · Granted: 27% (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 19153129.
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
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