The Board has remanded the Veteran's claim for further development due to inadequate medical evidence and outstanding VA records.
The deciding factor: The August 2019 VA examination was found to be inadequate as it included opinions on secondary service connection, which should have only addressed direct service connection. The Board also noted the apparent absence of VA records related to a January 2012 cervical spine surgery and requested an addendum opinion.
- Claimed conditions
- Degenerative arthritis of the cervical spine, Cervical spine strain, Neck disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 14, 2020
- Citation
- 20066485
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 an initial disability rating of 30 percent for degenerative arthritis of the cervical spine but denied a total disability rating based on individual unemployability (TDIU).
- Partly granted
The Veteran's cervical spine disability is granted a 30 percent rating, while the lumbar and lower extremity radiculopathy claims are denied. An earlier effective date for right lower extremity radiculopathy was granted, and TDIU based on single service-connected disability is remanded.
- Remanded (sent back)
The Board remands the claims for an initial rating in excess of 10 percent for degenerative arthritis of the cervical spine and entitlement to total disability based on individual unemployability (TDIU) due to a pre-decisional duty to assist error.
- Remanded (sent back)
The Board remands the claims for service connection for hearing loss, psychiatric disorder, neck disorder, and radiculopathy of both upper and lower extremities to correct duty-to-assist errors.
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