The Board has denied an increased rating for the Veteran's cervical spine disability, but has remanded the issue of a separate evaluation for cervical radiculopathy. The Veteran is currently rated at 20 percent for his cervical spine disability.
The deciding factor: The evidence does not show that the Veteran’s forward flexion is limited to no greater than 15 degrees or that he had ankylosis of the entire cervical spine, which are required for a higher rating under Diagnostic Code 5242.
- Claimed conditions
- arthritis, cervical spine with spondylosis (cervical spine disability), cervical radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- November 12, 2020
- Citation
- 20072780
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 appeal to obtain a VA medical opinion that considers the Veteran's contentions of in-service training with heavy gear and equipment.
- Partly granted
The appeal for service connection for fibromyalgia was granted with an effective date of August 14, 2023. The appeals for earlier effective dates and higher ratings were denied.
- Partly granted
The Board granted an initial 40 percent disability rating for bilateral eye disabilities but denied ratings for abdominal scars, hypertension, and remanded claims related to thrombosis and arthritis.
- Remanded (sent back)
The Board remands the claims for service connection for an eye condition, hearing loss, heart disease, arthritis, and diabetes due to a regulatory duty to assist error.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.