The Board has remanded the case due to a lack of consideration for an extraschedular rating for the Veteran's cervical spine fusion. The AOJ is instructed to obtain any outstanding treatment records and determine if referral for an extraschedular rating is warranted.
The deciding factor: The AOJ failed to consider whether referral for an extraschedular rating was appropriate in the April 2019 Supplemental Statement of the Case.
- Claimed conditions
- cervical spine fusion
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 15, 2019
- Citation
- 19162878
Veterans Law Judge
Decisions by this judge: 882 · Granted: 17% (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 19162878.
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.
- Granted
The Veteran's service-connected disabilities rendered him unable to obtain and maintain substantially gainful employment, warranting a TDIU.
- Remanded (sent back)
The Board remands the claims for service connection and TDIU due to unverified periods of active duty for training (ADT) and inactive duty for training (IDT), as well as a lack of complete service treatment records.
- Remanded (sent back)
The Board remands the claim for service connection for cervical spine fusion due to missing evidence and an improperly filed initial claim.
- Granted
The Veteran's claim for compensation under 38 U.S.C. § 1151 for residuals of cervical spine surgery, cervical canal stenosis, and cervical spine fusion is granted due to the presence of additional disability caused by VA treatment without proper informed consent.
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