The Veteran's claim for a higher rating for his cervical spine disability is denied. The Board found that the evidence did not support a finding of favorable ankylosis or forward flexion less than 15 degrees, and thus, no increased rating was granted. Service connection for sleep disorder and acquired psychiatric disorders (including major depressive disorder) are remanded due to lack of current diagnoses. Service connection for low back pain is also remanded. The Veteran's alcohol use disorder claim is remanded as well.
The deciding factor: The Board found that the evidence did not support a finding of favorable ankylosis or forward flexion less than 15 degrees, which are required for a higher rating under the revised criteria for evaluating disabilities of the spine. The Veteran's current diagnoses were not established in the record, and thus, service connection could not be granted.
- Claimed conditions
- Cervical spine degenerative arthritis (neck disability), Acquired psychiatric disorder, to include major depressive disorder, Alcohol use disorder
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 29, 2022
- Citation
- 22071995
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 22071995.
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 Board denied the Veteran's requests for an effective date prior to June 3, 2020 for the grants of service connection for PTSD and tinnitus. The decision states that VA did not receive an ITF in September 2019 as claimed by the Veteran or her representative, and thus no earlier effective date can be granted.
- Remanded (sent back)
The Board has remanded the case due to insufficient medical opinions regarding the etiology of the Veteran's acquired psychiatric disorders, particularly PTSD. The Veteran is seeking service connection for these conditions and related stressors.
- Granted
The Veteran's service-connected psychiatric and substance use disabilities required inpatient treatment at a VA-approved residential treatment center (RTC) from April to June 2020, exceeding the 21-day threshold for temporary total rating. The Board granted this claim.
- Remanded (sent back)
The Board has determined that the April 2021 VA examination is inadequate to rate the Veteran's tension headaches and PTSD. Therefore, a remand is necessary to obtain updated private treatment records and conduct new examinations.
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