The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional examinations and development of his service-connected cervical and lumbar spine disabilities.
The deciding factor: The VA examinations conducted in November 2009, July 2010, May 2014, and April 2019 were deemed inadequate as they did not fully address the Veteran's reported flare-ups and limitations due to pain during range of motion testing.
- Claimed conditions
- Degenerative disc disease of the cervical spine, Degenerative disc disease of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 13, 2021
- Citation
- 21042416
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 21042416.
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 denied service connection for degenerative disc disease of the cervical spine, finding that there is no nexus between the current disability and active duty service.
- Remanded (sent back)
The Board has remanded the claims for service connection due to a duty to assist error, specifically regarding whether the Veteran's current conditions are aggravated by his service-connected DDD of the lumbosacral spine. The AOJ is required to obtain new medical opinions addressing this issue.
- Remanded (sent back)
The Board has remanded the Veteran's claims for an initial rating in excess of 10 percent for his lumbar spine and right hip disabilities due to a duty to assist error. The effective date for DEA benefits is granted as May 1, 2014.
- Denied
The Veteran's claim for an earlier effective date and higher initial rating for his back disability is denied. The effective date remains March 29, 2021, as the earliest date of claim. An initial rating in excess of 20 percent for the back disability from March 29, 2021, is also denied.
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