The Board has remanded the case due to inadequate development, including failing to schedule a VA examination and obtain private treatment records. The Veteran's service-connected cervical spine strain with degenerative disc disease is being reviewed for an increased disability rating.
The deciding factor: The RO failed to adequately fulfill its duty to assist by not scheduling the Veteran for a VA examination and obtaining his private treatment records, which are necessary to determine the current severity of his service-connected condition.
- Claimed conditions
- cervical spine strain with degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 26, 2020
- Citation
- 20068954
Veterans Law Judge
Decisions by this judge: 998 · Granted: 40% (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 20068954.
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.
- Dismissed
The Veteran withdrew his appeal concerning several service connection and rating issues, including for tension headaches, bilateral pes planus, plantar fasciitis, arthritis, cervical spine strain with degenerative disc disease, chronic fatigue syndrome, left ankle fracture, right ankle fracture, and thoracolumbar spine degenerative disc disease with spinal stenosis and intervertebral disc syndrome.
- Denied
The Veteran's service-connected disabilities do not result in the loss of use of one or both lower extremities, nor does he require regular aid and attendance due to his service-connected conditions.,The Board found that the evidence did not support a finding that the Veteran requires regular aid and assistance from another person for daily living activities.
- Remanded (sent back)
The Veteran's claim for compensation under 38 U.S.C. § 1151 is remanded due to insufficient medical opinions regarding the proximate cause of his additional disabilities and whether an unforeseeable event occurred during VA referral.
- Dismissed
The Veteran's appeals for increased ratings on several service-connected conditions have been dismissed due to his death prior to a decision.
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