The Board has found that additional development is needed for the Veteran's cervical spine and upper extremity radiculopathy disabilities due to assertions of worsening, as well as the fact that the Veteran did not endorse flare-ups at the May 2021 examination but has endorsed them since. The TDIU claim will also be deferred.
The deciding factor: The Veteran testified about worsening symptoms and new flare-ups, necessitating additional examinations for a comprehensive assessment of his disabilities.
- Claimed conditions
- Degenerative arthritis of the cervical spine, Right upper extremity radiculopathy, Left upper extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 13, 2022
- Citation
- 22040013
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 22040013.
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.
- Denied
The Board denied the Veteran's claim for service connection for a cervical spine disability with left upper extremity radiculopathy, finding that there was no evidence of an in-service injury or chronic condition. The Board concluded that the Veteran did not meet the criteria for direct service connection.
- Granted
The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation, and the Board has granted a total disability rating based on individual unemployability.
- Granted
The Veteran's claim for special monthly compensation based on the need for regular aid and attendance due to service-connected disabilities has been granted. The Board found that the Veteran requires assistance with eating, dressing, hygiene needs, medication management, housekeeping, meal preparation, and laundry.
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