The Board has found that remand is necessary due to the lack of treatment records from Falk Chiropractic Wellness and Weight Loss Center, and an inadequate cervical spine examination. The Veteran's claim for a higher rating for degenerative arthritis of the cervical spine will be returned to the RO for further development.
The deciding factor: The Board found that the VA examiner did not adequately assess the Veteran’s flare-ups and failed to test ROM in both active and passive motion, as required by regulation.
- Claimed conditions
- Degenerative arthritis of the cervical spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 26, 2021
- Citation
- 21004346
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 21004346.
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 Veteran's claim for increased ratings for degenerative arthritis of the cervical spine and lumbar spine was granted with effective dates of May 13, 2019.
- Remanded (sent back)
The Veteran's claims for increased ratings for degenerative arthritis of the lumbar and cervical spine are being remanded due to a pre-decisional duty to assist error. The AOJ is directed to obtain an addendum medical opinion that addresses the extent of flareups experienced by the Veteran.
- Remanded (sent back)
Service connection for degenerative arthritis of the cervical spine and anxiety is granted. The Veteran's right lower extremity radiculopathy, right knee condition, and OSA are remanded due to duty-to-assist errors.
- Dismissed
The Veteran's appeal for reducing his disability ratings for cervical spine conditions has been withdrawn by the Veteran's representative.
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