The Board has decided to remand the case due to inadequate assistance in fulfilling its duty to assist, specifically regarding the evaluation of the Veteran's cervical spondylosis. A new VA examination is required to determine the current severity of her service-connected cervical spine disability.
The deciding factor: The Board found that the February 2018 VA examination relied on by the Board was inadequate as it did not take place during a flare-up, which could significantly limit the Veteran's functional ability due to pain, weakness, fatigue, or incoordination.
- Claimed conditions
- Cervical spondylosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 23, 2020
- Citation
- 20068779
Veterans Law Judge
Decisions by this judge: 2,341 · Granted: 33% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 20068779.
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 has granted the readjudication of the claim for service connection for a lumbar spine disorder, but denied the claims for service connection for cervical spine disorder, bilateral hearing loss, and breathing condition.
- Remanded (sent back)
The Veteran's cervical spondylosis, right ankle disability, and upper extremity radiculopathy disabilities are being remanded for additional examinations to determine their severity prior to September 6, 2024.,The Veteran's right lateral epicondylitis (limitation of pronation) and painful motion disabilities are also being remanded for additional examination to assess their severity prior to September 6, 2024. Effective dates will be granted upon resolution of these issues.
- Denied
The Veteran's application for PCAFC was denied because the evidence did not show that he needed personal care services due to an inability to perform ADLs or a need for supervision, protection, or instruction. The November 2022 decision by the VA found that his needs were temporary and would resolve within six months.
- Remanded (sent back)
The Board remands the claim for a neck disorder to obtain an adequate VA medical opinion addressing the nature and etiology of the Veteran's current neck condition, including whether it is related to her military service.
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