The Veteran's cervical spine disability was rated at 30 percent prior to August 16, 2018 and is now rated at 40 percent since that date.,Separate ratings for voice disturbance and scars were also remanded.
The deciding factor: The Veteran’s cervical spine disability has been found to meet the criteria for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine, but not for IVDS. The separate issues of voice disturbance and scars have also been remanded as they were not addressed in this decision.
- Claimed conditions
- {"condition_name":"Cervical Syndrome"}, {"condition_name":"Voice Disturbance (secondary to paralyzed right vocal cord)"}, {"condition_name":"Scar, Benign Nevus Removal, Left Cheek"}, {"condition_name":"Scars, Status Post Cervical Fusion, Anterior Aspect, Right Side of Neck"}
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 24, 2019
- Citation
- 19180768
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 obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
- Remanded (sent back)
The Board remands the claim for a rating in excess of 70 percent for PTSD due to an inadequate medical opinion.
- Granted
The Board granted service connection for myasthenia gravis based on the Veteran's exposure to hazardous substances during his military service.
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