The Board has remanded the Veteran's claim for an increased rating for her cervical spine condition due to inadequate examination findings regarding flare-ups and functional limitations.
The deciding factor: The VA examiner did not adequately address the Veteran’s contentions about flare-ups and their impact on functional ability, leading to an inadequate examination.
- Claimed conditions
- Cervical spine osteoarthritis with spurring, stenosis, annular tear, and decreased disc height
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 17, 2020
- Citation
- 20079768
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 20079768.
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 granted service connection for cervical spine degenerative disc disease, spondylosis, and stenosis based on the evidence showing that these conditions originated during active service.
- Denied
The Board denied an effective date prior to May 27, 2021, for a 30 percent rating for the veteran's cervical spine condition. The veteran will receive the 30 percent rating starting from May 27, 2021.
- Partly granted
The appeal for service connection of a neck condition was dismissed. The veteran's rating for thoracic strain, lumbar degenerative disc and joint disease, and stenosis was restored to 40 percent. A 10 percent rating for bursitis in the right hip was granted. The claim for sleep apnea was remanded.
- Granted
The Board has granted service connection for the Veteran's thoracolumbar spine disorder, diagnosed lumbar spine degenerative arthritis, degenerative disc disease, and stenosis. The claims for right lower extremity radiculopathy and pelvic disability were remanded.
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