The Veteran's cervical spine disability, radiculopathy of the left upper extremity, and radiculopathy of the right upper extremity are remanded due to a duty to assist error. A VA examination is required to assess current severity and manifestations.
The deciding factor: A duty to assist error occurred prior to the January 2019 rating decision on appeal regarding the Veteran's cervical spine disability, radiculopathy of the left upper extremity, and radiculopathy of the right upper extremity. The Veteran was not provided an opportunity for a VA examination.
- Claimed conditions
- cervical spondylosis with degenerative stenosis disc disease, radiculopathy of the left upper extremity, radiculopathy of the right upper extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 19, 2021
- Citation
- A21018554
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 A21018554.
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 service-connected disabilities, in combination, render him unable to secure or follow a substantially gainful occupation consistent with his education and work history.
- Granted
The Board has granted service connection for sleep apnea as secondary to multiple service-connected disabilities, including radiculopathy of the upper and lower extremities and low back condition. The Veteran is also granted a TDIU due to his inability to maintain substantially gainful employment due to his service-connected conditions.
- Granted
The Veteran's cervical spine disability is granted as service connected.,The Veteran's radiculopathy of the right upper extremity, secondary to a cervical spine disability, is also granted as service connected.,The Veteran's right wrist disability and left knee disabilities are remanded for further development.,The Veteran's right ankle disability is remanded for further development.,The Veteran's vitamin D deficiency is remanded for further development.
- Dismissed
The Veteran requested to withdraw his appeal for service connection of radiculopathy of the left upper extremity. The Board has dismissed this issue.
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