The Board remands the claims for service connection for a recurrent cervical spine disability, lumbar spine disability, and bilateral lower extremity disability to ensure that there is a complete record upon which to decide the claims.
The deciding factor: The examination reports are of limited probative value due to deficiencies in addressing the Veteran's in-service symptoms and lack of rationale for conclusions regarding service connection.
- Claimed conditions
- recurrent cervical spine disability, service connected lumbar spine disability, bilateral lower extremity disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 3, 2022
- Citation
- 22000074
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 appeal was granted as the February 2021 Decision Review Request: Higher-Level Review, VA Form 20-996, was timely filed within one year of the January 2021 Agency of Original Jurisdiction determination.
- Remanded (sent back)
The Board denied an effective date prior to March 6, 2023, for the award of service connection for right ankle degenerative arthritis and remanded claims for a recurrent cervical spine disability and a higher rating for the right ankle.
- Remanded (sent back)
The Board remands the claims for service connection for various disabilities, including hernia, bilateral knee disability, bilateral foot disability, low back disability, bilateral lower extremity disability, and bilateral eye disability, due to a failure to notify the Veteran of the inability to obtain his private treatment records.
- Denied
The Veteran's claims for increased ratings were denied as she failed to report for scheduled VA examinations without good cause.
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