The Veteran's claims for increased ratings for cervical spine and right knee disabilities are remanded due to inadequate previous examinations. The Board requires additional VA examinations to assess the severity of his conditions.
The deciding factor: Previous VA examinations were deemed inadequate as they did not include range of motion testing in compliance with regulations, which could affect the determination of disability ratings.
- Claimed conditions
- Degenerative disc disease of the cervical spine, Right knee chondromalacia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 3, 2019
- Citation
- 19176303
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 Board granted service connection for degenerative disc disease of the cervical spine, left and right upper extremity radiculopathy, as secondary to a service-connected lower back disability.
- Remanded (sent back)
The Board remands the claims for further development and readjudication due to non-compliance with previous remand instructions.
- Remanded (sent back)
The Board remands the claims for an increased rating in excess of 20 percent for degenerative disc disease of the cervical spine and entitlement to TDIU due to the need for a medical opinion on whether the Veteran's symptoms amount to functional ankylosis.
- Granted
The Board granted service connection for degenerative disc disease of the lumbar spine and cervical spine, finding that these conditions are related to the Veteran's combat service in the Persian Gulf.
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