The Board has remanded the case due to inadequate information provided in a previous VA examination regarding pain on range of motion testing for cervical spine osteoarthritis. The Veteran's disability rating remains under appeal.
The deciding factor: The July 2021 VA examination did not provide the requested information about where pain began during range of motion testing, which is necessary to assess functional loss associated with the Veteran's cervical spine disability.
- Claimed conditions
- Cervical spine osteoarthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 19, 2021
- Citation
- 21069663
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 21069663.
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 cervical spine osteoarthritis and tinnitus, finding no evidence linking these conditions to the Veteran's active duty service.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for cervical spine, right knee, and left knee disabilities as secondary to service-connected hepatitis C due to new evidence presented in his September 2022 Appellate brief.
- Denied
The Veteran's cervical spine disability was rated at 10% prior to December 5, 2019 and at 30% from December 5, 2019 to July 1, 2021. The Board found a uniform 30% rating for the entire period prior to July 1, 2021. After July 1, 2021, the Veteran's cervical spine disability was rated at 20%. A higher rating is not warranted.
- Granted
The Veteran's cervical spine disability was granted a 20 percent evaluation prior to November 9, 2021. From November 9, 2021 onwards, the Veteran is not entitled to an increased rating.
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.