The Veteran's claims for increased ratings for his cervical spine disorder and associated radiculopathy, as well as a TDIU prior to September 11, 2014, are being remanded due to the addition of new evidence since the last SSOC.
The deciding factor: New evidence has been added to the record that was not considered in the most recent decision and must be reviewed before final action can be taken on these claims.
- Claimed conditions
- Cervical spondylosis with myelopathy, Chronic bronchitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 25, 2023
- Citation
- 23004749
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 23004749.
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.
- Remanded (sent back)
The Veteran's appeal is about whether he should be granted a separate compensable rating for his chronic cough disability, which is distinct from his service-connected respiratory disabilities. The Board finds that the VA did not properly address this issue and requires further examination to determine if the Veteran has a separate chronic cough disability.
- Partly granted
The Board denied earlier effective dates for increased ratings and granted earlier effective dates for certain hip conditions, while restoring some disability ratings.
- Denied
The Board denied the Veteran's claim for an earlier effective date for the 70 percent rating for his service-connected psychiatric disability, finding that May 9, 2022, was the earliest date as of which it was factually ascertainable based on all evidence of record that an increase in disability had occurred.
- Partly granted
The Board granted service connection for prostate cancer residuals and remanded the claims for an acquired psychiatric disability, irritable bowel syndrome (IBS), chronic bronchitis, rhinitis, and sinusitis.
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