The Board has remanded the Veteran's claims for higher staged ratings for his service-connected cervical spine and TMJ disabilities due to additional development being necessary.,Specifically, a new VA examination is needed to address whether the Veteran's increased neck pain with worsening TMJ symptoms and/or after activities including lifting and turning his head constitutes a flare-up, and if so, provide the current functional loss during any such flare-ups.
The deciding factor: The Board found that additional development was necessary due to insufficient information regarding the severity of the Veteran's service-connected disabilities, particularly with regards to whether his increased neck pain with worsening TMJ symptoms constitutes a flare-up.
- Claimed conditions
- Intervertebral Disc Syndrome (IVDS) of the cervical spine, Temporomandibular Joint Syndrome (TMJ)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 17, 2022
- Citation
- 22015339
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 22015339.
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 the Veteran's claims for increased ratings for IVDS of the cervical spine and right shoulder strain, as the evidence did not support a higher rating based on the current disability picture.
- Granted
The Board granted an increased disability rating of 60 percent, but no higher, from July 1, 1995 to July 1, 1996, for IVDS of the cervical spine.
- Granted
The Board has granted a 30 percent rating for the Veteran's jaw condition as of September 10, 2017. Prior to this date, the Veteran was rated at 10 percent.
- Granted
The Board has granted the Veteran's claims for restoration of his former 20 percent ratings for left and right upper extremity radiculopathy disabilities associated with cervical spine disability, effective December 1, 2018. The TDIU claim is also granted.
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