The Veteran's claims for increased ratings for his service-connected cervical neck strain with degenerative disc disease, degenerative arthritis, and intervertebral disc syndrome are remanded due to the need for an addendum opinion regarding whether he exhibits or has exhibited at any point since September 5, 2013, ankylosis or the functional equivalent of ankylosis of the cervical spine. The claims for increased ratings for his service-connected bilateral upper extremity radiculopathy are also remanded.
The deciding factor: The VA examiner's opinion regarding whether the Veteran exhibits or has exhibited at any point since September 5, 2013, ankylosis or the functional equivalent of ankylosis of the cervical spine is inadequate and requires further clarification.
- Claimed conditions
- cervical neck strain, degenerative disc disease, degenerative arthritis, intervertebral disc syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 21, 2023
- Citation
- 23017688
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 23017688.
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 Board has restored the Veteran's rating for his right elbow condition from 10 percent to 20 percent effective May 5, 2025, finding that the evidence was in equipoise regarding whether there had been improvement in the Veteran's ability to function under ordinary conditions of life and work.
- Granted
The Board has granted earlier effective dates of January 13, 2020 for the service connection of low back disability and related radiculopathy issues. The Veteran's claims were reopened due to new evidence submitted in January 2020.
- Denied
The Board denied the Veteran's claim for service connection for a back condition, including degenerative disc disease and scoliosis, due to lack of current disability evidence.
- Remanded (sent back)
The Board has determined that the VA examinations related to the Veteran's lower back condition and surgical scars are inadequate, necessitating a remand for further evaluation.
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