The Board has remanded the case due to an incomplete August 2009 VA examination, which did not provide results for range of motion testing during flare-ups or note whether the Veteran experienced additional functional loss. The case is now returned for further review.
The deciding factor: The August 2009 VA examination report was found to be incomplete and insufficient for rating purposes due to lack of information regarding the Veteran's reported flare-ups and their impact on his cervical spine disability.
- Claimed conditions
- Degenerative Joint Disease of the Cervical Spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- December 2, 2019
- Citation
- 19190569
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 19190569.
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 denied service connection for chronic fatigue syndrome, gastroesophageal reflux disease, and chronic sinusitis. However, it granted an increased disability rating of 30 percent for left upper extremity radiculopathy.
- Partly granted
The Veteran's GERD was granted a 60 percent disability rating, and the June 15, 2020 VA Form 10182 for service connection claims was accepted as timely due to good cause shown.
- Granted
The Veteran's cervical spine disability is rated at 30 percent from July 17, 2009 to September 26, 2019.
- Remanded (sent back)
The Veteran's left hip disability (limited flexion) is currently rated as noncompensable, and her left hip disability is rated at 20 percent since March 13, 2013. The cervical spine disability is also rated at 20 percent since March 13, 2013.,The Veteran's left hip disability (limited flexion) has not been granted a higher rating.
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