The Veteran's cervical spine disability is rated at 20 percent prior to January 23, 2018 and 10 percent thereafter. The Veteran's gastritis with hiatal hernia is rated at 10 percent prior to May 19, 2022.,The Veteran's TDIU claim for the period before January 23, 2018 remains pending.
The deciding factor: The evidence does not support a higher rating for cervical spine disability or gastritis with hiatal hernia based on current symptomatology and diagnostic criteria.,The Veteran's TDIU claim is remanded as the evidence does not meet the percentage standards set forth in 38 C.F.R. § 4.16(a).
- Claimed conditions
- Cervical Spine Disability, Gastritis with Hiatal Hernia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 9, 2022
- Citation
- 22062713
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 22062713.
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 cervical spine disability, right knee strain (painful motion), and right knee instability are now rated at 30 percent effective August 16, 2017.
- Denied
The Veteran's claims for service connection for TMD, cervical spine disability, and FSAD have been denied.,An earlier effective date prior to August 2, 2022, for the award of service connection for these conditions has also been denied.
- Remanded (sent back)
The Veteran's service connection claims for erectile dysfunction and voiding dysfunction have been denied due to the lack of evidence linking these conditions to his in-service exposure.,The remaining service connection claims (for bilateral feet, ankles, hip, wrist, cervical spine, upper extremity radiculopathy, psychiatric disorder, GERD, sleep apnea, and hypertension) are remanded for further development.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for cervical spine disability, right upper extremity radiculopathy, and left upper extremity radiculopathy due to inadequate examinations. The Veteran is required to undergo new VA examinations to assess her current and retrospective severity of these disabilities.
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