The Board has determined that the claims for increased ratings of cervical spine degenerative disc disease and left upper extremity radiculopathy are inextricably intertwined with the claim for increased rating of a cervical spine disability. Therefore, these claims must be remanded to obtain an addendum opinion addressing the severity of the Veteran's service-connected cervical spine disability.
The deciding factor: The Board finds that further development is necessary due to the interrelated nature of the claims and the need to address whether the Veteran's symptoms amount to functional equivalent of ankylosis at any point during the appeals period.
- Claimed conditions
- cervical spine degenerative disc disease, left upper extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 9, 2022
- Citation
- 22062726
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 22062726.
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 depression was rated at 50 percent prior to July 1, 2016. The Board found that the evidence did not support a higher rating due to occupational and social impairment with reduced reliability and productivity. For TDIU, the Veteran had multiple service-connected disabilities but his education and work experience were sufficient for sedentary or light labor employment.
- Dismissed
The appeal seeking to establish entitlement to special monthly compensation (SMC) is dismissed because the AOJ decision was merely implementing a Board's earlier effective date decision for service connection.
- Remanded (sent back)
The Veteran's TDIU and DEA claims are remanded due to insufficient evidence for a schedular rating, and the issues are inextricably intertwined.
- Remanded (sent back)
The Board has remanded the claims for service connection due to a duty to assist error and inextricably intertwined issues. Specifically, a new VA medical opinion is needed regarding the etiology of the Veteran's cervical spine disability.
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