The Board has decided to remand the claim for an upper back/cervical spine disability due to inadequate examination and opinion regarding service connection.
The deciding factor: The VA examiner's opinion was found to be insufficient, as it did not consider the Veteran's lay statements about her symptoms during and since service.
- Claimed conditions
- upper back/cervical spine disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 23, 2022
- Citation
- 22054248
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 22054248.
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 Veteran's claims for service connection for various upper extremity and lower extremity disabilities, including those related to his service-connected left foot joint pain, right foot joint pain, and lumbosacral strain, have been denied due to the Veteran failing to report for scheduled VA examinations without good cause.
- Dismissed
The appeal with respect to asbestosis is dismissed. Service connection for tinnitus is granted, and a compensable rating for bilateral eye disability is denied. The appeals regarding hearing loss, an acquired psychiatric disorder, left shoulder disability, and upper back/cervical spine disability are remanded.
- Remanded (sent back)
The Board has decided to remand the claims of service connection for upper back/cervical spine disability and left knee disability due to inadequate examination reports. The Veteran's disabilities are related to improper sleeping positions, arthritis from his service-connected conditions, and gait changes.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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