The Board has remanded the case due to inadequate development, including failure 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
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 the appeal for all issues, including initial compensable disability ratings and service connection claims.
- Dismissed
The veteran withdrew his appeal for earlier effective dates of service connection for various disabilities, and the claims were dismissed.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
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