The Board has remanded the case due to insufficient medical opinion regarding whether the Veteran's current cervical spine disability existed prior to his period of ACDUTRA in April 1997 and if so, whether it was aggravated by a fall during that time.
The deciding factor: The examiner did not adequately address whether the pre-existing cervical spine disability was aggravated by the fall and injury on April 19, 1997.
- Claimed conditions
- cervical disc degeneration, spondylosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 14, 2019
- Citation
- 19186018
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.
- Partly granted
The Board granted a 40 percent evaluation for sciatic nerve radiculopathy of the right and left lower extremities, a 30 percent evaluation for femoral nerve radiculopathy of the right and left lower extremities, and a total disability rating based on individual unemployability (TDIU), but denied an increased evaluation in excess of 40 percent for spinal stenosis and lumbar intervertebral disc syndrome.
- Denied
The Board denied the Veteran's claim for service connection for cervical disc degeneration as secondary to his service-connected lumbosacral spondylosis with stenosis, based on a lack of competent evidence linking the two conditions.
- Granted
The Veteran is granted a total disability rating based on individual unemployability due to service-connected disabilities from March 1, 2021, and an effective date of March 1, 2021, for eligibility for Dependents' Educational Assistance (DEA) under 38 U.S.C. Chapter 35.
- Denied
The Board denied the claim for service connection for scoliosis and found that the reduction in the combined disability rating for bulging discs in the lumbar spine, lumbosacral strain, degenerative arthritis of the spine, and spondylosis from 40 percent to 10 percent was proper.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.