The Board has remanded the Veteran's claims for increased evaluations for his cervical spine and radiculopathy of the right upper extremity due to inadequate VA examinations. The Veteran will need new VA examinations to assess the severity of his disabilities.
The deciding factor: The previous VA examinations were not compliant with the directives in Sharp v. Shulkin, which required detailed assessments including flare-ups and range of motion during weight-bearing and non-weight-bearing conditions.
- Claimed conditions
- Degenerative arthritis of the cervical spine, Degenerative joint disease of the cervical spine, Radiculopathy of the right upper extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 10, 2022
- Citation
- 22027618
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 22027618.
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 Veteran's claim for increased ratings for degenerative arthritis of the cervical spine and lumbar spine was granted with effective dates of May 13, 2019.
- Remanded (sent back)
The Board has determined that the VA examiner's opinion regarding service connection for degenerative joint disease of the cervical spine is incomplete and requires further clarification. The case is being remanded to obtain an addendum opinion addressing whether the Veteran's current condition is related to his military service, including two claimed inservice collision injuries.
- Granted
The Veteran's cervical spine disability and radiculopathy of both upper extremities have been granted increased ratings, with the left upper extremity receiving a higher rating due to more severe symptoms.
- Remanded (sent back)
The Veteran's claims for increased ratings for degenerative arthritis of the lumbar and cervical spine are being remanded due to a pre-decisional duty to assist error. The AOJ is directed to obtain an addendum medical opinion that addresses the extent of flareups experienced by the Veteran.
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