The Veteran's claim for an initial rating in excess of 10 percent for cervical spine osteoarthritis prior to October 8, 2019, and in excess of 20 percent thereafter is being remanded due to the need for additional development including a new VA examination.
The deciding factor: The Board found that the existing evidence does not comply with the remand directives and requires further development, specifically a new VA examination to address range of motion testing and functional loss during flare-ups.
- Claimed conditions
- cervical spine osteoarthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 18, 2021
- Citation
- 21030326
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 21030326.
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.
- Denied
The Board has determined that the Veteran's claimed disabilities are not related to his active service, including exposure to contaminants at Camp Lejeune or diabetes mellitus.
- Denied
The Board denied service connection for a cervical spine disability, finding that the evidence did not support an in-service injury or disease and that there was no chronicity of symptoms during service. The Veteran's current condition is not related to his service-connected left shoulder disability.
- Granted
The Board granted service connection for multiple osteoarthritis conditions, headaches, an acquired psychiatric disorder, diabetes mellitus, sleep apnea, and gout based on the evidence showing a relationship to the Veteran's active duty service.
- Remanded (sent back)
The Veteran's appeal is remanded for the following reasons: (1) The RO failed to associate VA treatment records from a non-VA provider with the claims file, which constitutes a pre-decisional error. (2) The issue of entitlement to a total disability rating based on individual unemployability (TDIU) was not developed prior to issuance of the June 2022 Supplemental Statement of the Case (SSOC).
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
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.