The Veteran's claim for an increased rating in excess of 30 percent for his service-connected cervical spine disability is being remanded due to a pre-decisional duty-to-assist error.
The deciding factor: The Board found that the AOJ failed to respond to the Veteran's request for a VA examination closer to his residence, which was a pre-decisional duty-to-assist error.
- Claimed conditions
- Degenerative Disc Disease (DDD) of the cervical spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 9, 2020
- Citation
- A20018220
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.
- Remanded (sent back)
The Board remands the issues of entitlement to an initial evaluation in excess of 10 percent prior to December 26, 2007, and in excess of 20 percent thereafter for degenerative disc disease (DDD) of the cervical spine due to inadequate explanation of denial of higher evaluations.
- Denied
The Board denied a rating in excess of 10 percent for degenerative joint disease (DJD) of the lumbosacral spine prior to October 29, 2021, and a total disability rating based on individual unemployability due to service-connected disabilities prior to April 25, 2017.
- Denied
The Board denied the veteran's claims for a higher disability rating and entitlement to TDIU, as the evidence did not support an increase in the current ratings or the grant of TDIU.
- Remanded (sent back)
The Board granted the reopening of claims for service connection for degenerative disc disease (DDD) of the lumbar spine and cervical spine, but remanded all other issues for further development.
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